1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1865 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mrs. Nasreen Ayubi, advocate appointed for the applicant. Ms. M.H. Mhatre, A.P.P. for the State. CORAM : D.G. KARNIK, JJ. DATE : 25TH NOVEMBER 2009 P.C. : 1. Rule. By consent, Rule is made returnable forthwith. 2. The grievance of the applicant is that though he was arrested in December 2007 and is languishing in jail, the trial has not commenced. 2 3. Mr. Uttam Govindrao Chakre, Police Sub- Inspector (Crime Branch) filed a reply in which he has stated that the trial could not be commenced because one of the co-accused i.e. accused no.1, who was granted bail on 12th May 2008, has jumped the bail and is absconding. Even a proclamation under section 82 of the Cr. P.C. has been published on 1st August 2009 against him. 4. In view of the facts stated above, the State ought to apply for separation of the trial so that the trial against the other accused is not unnecessarily delayed. The State is accordingly directed to apply for separation of trial and take steps for conducting the trial qua the remaining accused expeditiously. 5. Rule is made absolute to the extent above. (D.G. KARNIK, J.)