SYED SHAKEER ALIAS SHAKEER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is one of the accused in Sessions Case No. 321/2009 to face charge for the offence punishable under Section 395 of the IPC.

(2.) HOWEVER, it is brought out during arguments that the petitioner was originally ranked as A3 in Crime No. 151/2004 in the matter relating to alleged dacoity on 7.5.2004, on a complaint that was lodged before the Police station on 11.5.2004, case was registered and the petitioner along with four others were sought to be tried. He sought bail, but was not granted to him. Thereafter, he absconded compelling the learned Trial Judge to order split up charge against him in SC No. 269/2008. After ordering split up charge, against the present petitioner, the trial proceeded in the said Sessions Case and it is informed that almost all the witnesses have been examined and the case is now set down for hearing arguments on merits.

(3.) BE that as it may, we do not wish to put a seal to his right to seek recalling the witnesses at this stage. Hence, the Trial Court is directed to subject the present petitioner to face trial with other accused in his original rank in SC No. 269/2008 and if the accused intends to cross examine any of the witnesses already examined, he is permitted to file at request application on the very first day of the hearing of the matter before the Trial Court. If he fails to make any application for recalling the witnesses, then the Trial Court can proceed at the next stage from the present stage. In other words, the Trial Court shall try the accused along with other accused in SC No. 269/2008 and the presence of accused shall be secured in the said Sessions Case by issuance of appropriate body warrant.