T.O. Abaraham Vs.
State of Kerala & Ors.  INSC 1524 (8 September 2008)
JURISDICTION CRIMINAL APPEAL NO. 1435 OF 2008 [Arising out of SLP(Crl.) No.
5432/2006] T.O. ABARAHAM ... APPELLANT(S) :VERSUS:
Having heard the
learned counsel for the parties, we are of the opinion that in view of the fact
that the principal ground on which the appellant's application for splitting up
of charges had not been acceded to is the filing of the application by the
appellant two months after framing of the charge-sheet.
The High Court
unfortunately has not gone into the merit of the matter at all.
Ordinarily, we would
have remitted the matter back to the High Court.
However, keeping in
view the decision of this Court in Balbir vs. State of Haryana & Anr.,
[2000 (1) SCC 285], we are of the opinion that the matter should be considered
afresh by the learned Trial Judge. While doing so, an opportunity of hearing
shall also be granted to the other accused, if they oppose the said prayer of
the appellant Nos.7 & 8.
The learned Trial
Judge shall pass a reasoned order in the event it is found that the contention
of the appellant has no merit, the hearing of the case shall be taken up as
expeditiously as possible.
The appeal is
disposed of accordingly.
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