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J. B. PARDIWALA, R. MAHADEVAN
Mamman Khan – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
R. MAHADEVAN, J.
Leave granted in both the SLPs.
2. These appeals have been preferred against the common judgment and order dated 12.12.2024 passed by the High Court of Punjab and Haryana at Chandigarh1[Hereinafter referred to as “the High Court”], whereby the High Court dismissed the appellant’s petitions bearing CRM-M-Nos. 61515 and 61516 of 2024, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Criminal
Procedure Code, 19732[For short, “Cr.P.C”]seeking to quash the orders dated 02.09.2024 and 28.08.2024 passed by the Additional Sessions Judge, Nuh3[For short, “the trial Court”]. By the said orders, the trial Court directed the prosecution to file a separate charge sheet against the appellant and ordered segregation of his trial from that of the co-accused in respect of:
• FIR No.150 dated 01.08.2023 registered under sections 148, 149, 153A, 379A, 395, 427, 436, 506, 201, 120B, 107 and 180 IPC, respectively, both registered at Police Station Nagi
(1) Segregation of trial – Unilateral order for a separate charge-sheet and segregated trial, passed without notice or application, violates basic principles of procedural fairness inherent in Articl....
(1) Order of retrial wipes out from record earlier proceeding and exposes present accused to another trial – Retrial cannot be ordered merely on the ground that prosecution did not produce proper evi....
(1) Grant of bail – Cancellation of bail on the ground of violation of Section 15A(5) of SC/ST Act, 1989 is justified only in cases where no notice of bail proceedings was served upon victim, victim ....
(1) Joint trial is a matter of judicial discretion – Joint or separate trial must ordinarily be taken at outset of proceedings and for cogent reasons.(2) Mere discovery of error, irregularity or omis....
Joint trials are acceptable for closely related offences, but accused must demonstrate prejudice due to any procedural irregularities for a trial to be invalidated.
The court ruled that trials may be conducted together under Section 223 Cr.P.C. but should remain separate if the accused differ between a police report and a complaint case, to avoid prejudice.
The fundamental right of the accused to a speedy trial and the discretion of the court to order joint or separate trials based on the stage of the trial and potential prejudice to the accused.
Distinct charges must be tried separately under BSF Rules to ensure a fair trial and avoid prejudice, as each charge arises from unique circumstances.
The judicial principle disallows consolidating cases with contradictory accounts to ensure fair trials and prevent confusion.
Cognizance of offence – Validity of sanction should be challenged at the earliest instance available, before Trial Court.
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