Law: Criminal Procedure Code, 1898

Section: S. 239 read with S. 213

(a) Criminal Procedure Code (V of 1898)----   ---- S. 239 read with S. 213-Several accused, one of whom was an absconder-Accused committed to Sessions-Absconder arrested later and also committed to Sessions by separate order-All accused tried together in Court of Session-Single trial for two commitment orders, held, not vitiated.   S, one of the accused, was an absconder and, therefore, the commitment proceeding against him could not be taken along with the proceedings against the other seven accused. S was arrested before the trial in the Court oaf Session started and the case against him was committed to the Court of Session and consequently all the eight accused were tried jointly for all the offences but there were two commitment orders instead of one. In appeal at the High Court it was urged that since every trial in a case triable by a Court of Session has to be preceded by a commitment and two or more commitments for trial cannot be the subject of a single trial, therefore, the trial was vitiated by reason of the fact that though there were two commitment orders, there was only a single trial :   Held, that the trial was not vitiated.   Held further, that even if the contention that two or more commitments for trial cannot be the subject of a 'single trial be accepted, at the worst the joint-trial of persons who were com mitted to the Court of Session by different commitment orders would amount to an irregularity and as is manifest from section 537 of the Criminal Procedure Code, 1898, no irregularity can vitiate a trial unless it is established that prejudice to an accused person had resulted.   Sardara v. Emperor A I R 1945 Lah. 286 and Ibrahim Bhak v. The Crown P L D 1955 F C 113 rel.   (b) Criminal Procedure Code (V of 1898)----   ---- S. 239 -Whether joint trial can be held only where accused have beer, "charged" jointly- Word "and" occurring between "charged" and "tried" in section 239-Can be substituted by word "or".   Where it was argued that it is only in those cases where the accused have been charged jointly that a joint trial car be held by virtue of…