Thursday 15 December 2022

Whether the court has power to summon an additional accused if trial against absconding accused is pending?

 II. Whether the trial court has the power Under Section 319 of the Code of Criminal Procedure for summoning additional Accused when the trial in respect of certain other absconding Accused (whose presence is subsequently secured) is ongoing/pending, having been bifurcated from the main trial?

The trial court has the power to summon additional Accused when the trial is proceeded in respect of the absconding Accused after securing his presence, subject to the evidence recorded in the split up (bifurcated) trial pointing to the involvement of the Accused sought to be summoned. But the evidence recorded in the main concluded trial cannot be the basis of the summoning order if such power has not been exercised in the main trial till its conclusion.


Criminal Appeal No. 885 of 2019, 

Decided On: 05.12.2022

 Sukhpal Singh Khaira  Vs. The State of Punjab

Hon'ble Judges/Coram:

S. Abdul Nazeer, B.R. Gavai, A.S. Bopanna, V. Ramasubramanian and B.V. Nagarathna, JJ.

Author:A.S. Bopanna, J.

Citation: MANU/SC/1577/2022.

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