1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2756 OF 2008 Kewal Kumar @ Baldev Jaiseeram Choudhary.... Petitioner. Versus District Sessions Judge, Thane & Ors. .... Respondents. None present for the Petitioner. Mr. P. S. Hingorani, APP for the Respondent – State. CORAM : BILAL NAZKI and A. R. JOSHI, JJ. DATED : 16TH FEBRUARY, 2009. P.C.: The petitioner has moved this Court from Jail. He is an accused in Sessions Case No.7 of 2008 pending before the learned Sessions Judge at Thane for the offence under Sections 394, 395, 342, 452, 323 r/w 34 of the Indian Penal Code. 2. His grievance is that his case is not being tried although he is in prison from 31st July, 2007. Counter affidavit has been filed, in which it is stated that co-accused were bailed out by the Court and they absconded and therefore the trial has got stalled. Charge is already framed. The police is not able to find the accused, who were released on bail by the Court and 2 the net result is that the petitioner is suffering in jail without the trial proceeding. 3. In these circumstances, we direct the learned Sessions Judge, Thane to see the possibility of splitting the trial and try the accused, who is in jail, separately, if he is not able to find the other accused who have been bailed out within a period of another four weeks from today. The Police concerned is also directed to ensure that non-bailable warrants issued against the absconding accused are executed. 4. With the above directions, the writ petition is disposed of. Sd/- (BILAL NAZKI, J.) Sd/- (A. R. JOSHI, J.)