JUDGMENT Viney Mittal, J. (Oral) - The grievance made by the petitioner in this case is against the order dated August 26, 2000. 2. An application was filed by the petitioner before the learned trial Court to separate his trial from the other accused. It was claimed that he was a senior citizen and would face harassment for a long time. The aforesaid prayer made by the petitioner was declined by the learned trial Judge vide the impugned order. 3. Mr. Ajay Pal Singh, learned counsel for the petitioner, has submitted that in fact, the principal accused in the case was already declared as Proclaimed Offender. On that basis, the learned counsel has relied upon the provisions of Section 299 of the Code of Criminal Procedure to contend that in that event, the trial against the petitioner and other persons, who are available, could have been continued. 4. From a perusal of the order dated August 26, 2000, I do not find that the aforesaid fact was even argued before the learned trial Judge. Accordingly, there is no justification to set aside the aforesaid order and the present petition is dismissed. 5. However, if the petitioner moves an appropriate application before the learned trial Judge on the basis that the principal accused has since been declared as Proclaimed Offender and as such, the trial could continue against the remaining accused, then the learned trial Judge shall consider the aforesaid application in accordance with law. While considering the aforesaid application, the learned trial Judge shall not take into consideration the order dated August 26, 2000 passed by it earlier. If any such application is filed by the petitioner within a period of two months from today, then the learned trial Judge shall dispose of the said application within a further period of three months after taking into consideration the aforesaid observations. 6. Keeping in view the facts and circumstances of the case and the fact that the petitioner is aged 76 years and has already been attending the Court proceedings on each and every date, his further personal presence in the criminal proceedings before the learned trial Judge shall remain exempted. However, the learned trial Judge shall be well within his rights to secure the personal presence of the petitioner as and when the same is so required in accordance with law. Disposed of with the aforesaid directions. Petition allowed.