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when trial of accused can be separated from trial of abscond


 

When trial of accused can be separated from trial of absconding accused

 

Citation: 2013(3)KLJ726,2014 CR l J 1157 kerala
IN THE HIGH COURT OF KERALA
O.P. (Crl.) No. 1025 of 2013
Decided On: 18.06.2013
Appellants: P.A. Sidhartha Menon
Vs.
Respondent: The Deputy Superintendent of Police
Hon'ble Judges/Coram:C.T. Ravikumar, J.

A. Constitution of India, 1950 - Article 21 - Speedy trial - Speedy trial is an integral part of fair trial. It is a human right and society cannot deny it to an accused. 

B. Constitution of India, 1950 - Article 21 - Speedy trial - Courts have a duty to proceed with the criminal cases at a reasonable pace. Court has to weigh several factors and perform a balancing process and determine whether the right of speedy trial has been denied. 

C. Criminal Rules of Practice - Rule 16 - Application for splitting up of a case in which some accused have not appeared, despite the passage of reasonable time, cannot be declined on the ground that the process have not been served on them and hence they cannot be considered absconding. When the denial of the right to speedy trial is established, it is inevitable to invoke the powers under R. 16.
 
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