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2019 (5) TMI 1927 - SC - Indian LawsSummoning the Appellants as additional Accused - breach of Section 319, Code of Criminal Procedure or not - bifurcation of main trial - HELD THAT:- The following substantial questions of law arise for further consideration:- I. Whether the trial court has the power Under Section 319 of Code of Criminal Procedure for summoning additional Accused when the trial with respect to other co-accused has ended and the judgment of conviction rendered on the same date before pronouncing the summoning order? 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? III. What are the guidelines that the competent court must follow while exercising power Under Section 319 Code of Criminal Procedure? The Registry is directed to place these matters before Hon'ble the Chief Justice of India for constitution of a Bench of appropriate strength for considering the aforesaid questions.
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