RATANLAL Vs. STATE OF M P

JUDGEMENT

(1.) This application filed under Section 482 Cr.P.C. is directed against order passed by learned Additional Sessions Judge, Bagli, District-Dewas in Session Trial No.49/13 dated 27.04.2016 whereby the learned Additional Sessions Judge disposed of the application filed by present applicant for consolidating his session trial with trial of other co-accused, who were facing trial in this session's case.

(2.) According to counsel for the applicant, the present applicant was arrested later on. By this time, trial of other co-accused progressed and it was fixed for cross-examination of prosecution witness R.R. Gautam, who was stated to be the last prosecution witness. While in case of the present applicant, charges were framed and the trial began denovo and under these circumstances, it is prayed by the applicant that both the trial should be concluded together. Till his trial is over, the trial of other co-accused should be kept pending. The main ground taken by the applicant is that in case this is not done, his defence will be open and he will suffer prejudice so far as his defence is concerned.

(3.) Counsel for the State opposed the application. I have gone through the impugned order. In considered opinion of this court, the trial of other co-accused cannot be kept pending merely because the present applicant avoided his arrest and now when trial of other co-accused is in advanced stage, he is pleading that trial of other co-accused should be kept pending. This would cause immense inconvenience in prejudice to the co-accused, and therefore, order passed learned Additional Sessions Judge is correct and proper and does not suffer from any illegality or infirmity to warrant interference by this court.