N.L. Tibrewal, J. - (1.) The petitioners were facing trial in Sessions Case No. 65/95 in the Court of Additional Sessions Judge, Deeg for th6 various offences including Section 302/149 IPC. The trial has already made sufficient progress and as pointed out by Mr. Chaturvedi, learned counsel for the petitioners, that 15 prosecution witnesses have been examined, so far and one witness has remained to be examined.
(2.) It appears that during pendency of the trial of the petitioners the remaining co-accused persons have been charge-sheeted'and the case has been committed to the Court of Additional Sessions Judge, Deeg. In this case, the trial has to commence.
(3.) The primary contention of Mr Chaturvedi was that the trial of the accused should be joint with the petitioners, but in the facts and circumstances, Mr. Chaturvedi does not press this request and in my view rightly so. The reason is obvious that the trial against the petitioners has already made sufficient progress and barring one, all prosecution witnesses have been examined, while the trial against the remaining co-accused yet to commence.;