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Issues: Whether the proceedings against the petitioner for the offence of harbouring under Section 212 of the Indian Penal Code, 1860 were liable to be stayed until the co-accused were finally adjudicated for the substantive offences.
Analysis: Section 212 contemplates harbouring a person who has already committed an offence and knows to be an offender. However, the petitioner was not charged under Section 212 alone. He was also charged under Section 411 for receiving stolen property arising out of the same transaction. Section 223 of the Code of Criminal Procedure, 1973 permits persons accused of different offences committed in the course of the same transaction to be tried together, and the rule is intended to avoid multiplicity of trials. The authorities relied upon by the petitioner were distinguished because those cases involved Section 212 simpliciter, whereas the present case involved additional charges which made joint trial appropriate and fair.
Conclusion: The prayer for stay of the trial was rejected and the petitioner was held liable to be tried along with the other accused in the same sessions case.
Ratio Decidendi: Where a person is charged under Section 212 of the Indian Penal Code, 1860 along with another offence arising from the same transaction, Section 223 of the Code of Criminal Procedure, 1973 authorises a joint trial and the trial need not be postponed pending conviction of the principal offenders.
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