Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1435 OF 2008
[Arising out of SLP(Crl.) No. 5432/2006]
T.O. ABARAHAM ... APPELLANT(S)
:VERSUS:
STATE OF KERALA AND ORS. ... RESPONDENT(S)
O R D E R
Leave granted.
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.
..2/-
.2.
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.
..........................J.
(S.B. SINHA)
..........................J.
(CYRIAC JOSEPH)
NEW DELHI,
SEPTEMBER 8, 2008.