ORDER Jawad Rahim, J : The petitioner is one of the accused in Sessions Case No. 321/2009 to face charge for the offence punishable under Section 395 of the IPC. 2. However, it is brought out during arguments that the petitioner was originally ranked as A3 in Crime No. 151/2004 in the matter relating to alleged dacoity on 7.5.2004, on a complaint that was lodged before the Police station on 11.5.2004, case was registered and the petitioner along with four others were sought to be tried. He sought bail, but was not granted to him. Thereafter, he absconded compelling the learned Trial Judge to order split up charge against him in SC No. 269/2008. After ordering split up charge, against the present petitioner, the trial proceeded in the said Sessions Case and it is informed that almost all the witnesses have been examined and the case is now set down for hearing arguments on merits. 3. As regards the petitioner is concerned, since split up charge was passed in Sessions Case No. 321/2009, the case is in the initial stage. He has now sought for bail on the ground that the trial has not yet commenced and he will be subjected to undue hardship as already he has spent 10 months in detention after his arrest. 4. It is not in dispute that the petitioner was shown as one of the co-accomplice with others and he was committed to face trial before the Sessions Judge in SC No. 269/2008. Due to his own fault, the Trial Court was compelled to pas orders for split up charge and the present Sessions Case No. 321/2009 came to be registered. No doubt, the trial in this case has not yet commenced. But in such a situation, what the Trial Court is required to do is, once the absconding accused is traced and split up charge sheet was filed by the complainant - Police Officers, the accused who was subsequently traced should be directed to face trial in the original proceedings and to close the proceedings relating to split charge. But in such a situation, what the Trial Court is required to do is, once the absconding accused is traced and split up charge sheet was filed by the complainant - Police Officers, the accused who was subsequently traced should be directed to face trial in the original proceedings and to close the proceedings relating to split charge. If some of the witnesses are examined, the accused would get opportunity to call the witnesses for cross examination and if he so desires, then the Trial Court should summon such witnesses who are examined in his absence for cross examination, then the Trial Court should proceed with further stages showing him as accused in his original rank. By this, the Trial automatically gets expedited causing no prejudice to the prosecution or the accused. The learned Counsel very fairly submits that if the accused is permitted to face trial in the original case SC No. 269/2008, he will have no grievance as most of the witnesses have turned hostile. 5. Be that as it may, we do not wish to put a seal to his right to seek recalling the witnesses at this stage. Hence, the Trial Court is directed to subject the present petitioner to face trial with other accused in his original rank in SC No. 269/2008 and if the accused intends to cross examine any' of the witnesses already examined, he is permitted to file at request application on the very first day of the hearing of the matter before the Trial Court. If he fails to make any application for recalling the witnesses, then the Trial Court can proceed at the next stage from the present stage. In other words, the Trial Court shall try the accused along with other accused in SC No. 269/2008 and the presence of accused shall be secured in the said Sessions Case by issuance of appropriate body warrant. 6. With these observations, the petition is disposed of. However, if trial is not completed within three months from now, the petitioner can have right to seek bail which is reserved. Incidentally, it is brought to the notice that Accused No.2 is also in a similar situation hence he can also be subjected to the same trial as in the case of the present petitioner. Petition disposed of.