In Brief
The Supreme Court addressed the proper scope and timing of the trial court's power under Section 319 of the Criminal Procedure Code to summon additional accused persons during proceedings. The Court held that this power must be exercised before the conclusion of trial—specifically, before pronouncing conviction and sentence—not after. In cases involving bifurcated trials, the power can be exercised in the split proceeding if evidence recorded there points to involvement of the additional accused. The Court emphasized that courts must pause proceedings upon discovering evidence of another's involvement and decide on summoning before concluding the main trial, with discretion to order joint or separate trials. The case was remanded for factual determination by an appropriate bench.
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