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Supreme Court of India · 05/12/2022

SUKHPAL SINGH KHAIRA versus THE STATE OF PUNJAB

[2022] 10 S.C.R. 156 · 2022 INSC 1252

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Summary

In a 2015 NDPS prosecution in Jalalabad, the Sessions Judge convicted and sentenced nine accused on 31.10.2017. The same day, the judge allowed the prosecution's Section 319 CrPC application and summoned the appellant, a person not charge-sheeted, as an additional accused. On a reference, the Supreme Court answered three questions. Where there is a conviction, the Section 319 power must be exercised before sentence is pronounced, because the trial ends only with sentence. Where there is an acquittal, it must be exercised before the acquittal is pronounced. A summoning order made in the same sitting is judged on its facts, but one made after acquittal or sentence is unsustainable. A split-up trial of an absconding co-accused can support summoning only on evidence recorded in that trial. The Court also laid down guidelines on pausing the trial and deciding between joint and separate trial.

Issues

  1. Whether a trial court can summon an additional accused under Section 319 CrPC after the trial of the co-accused has ended in conviction on the same date, before the summoning order is pronounced.
  2. Whether it can do so on the strength of a pending split-up trial of an absconding co-accused.
  3. What guidelines govern the exercise of the Section 319 power.

Provisions considered

Held

Result

Referred questions answered in the terms stated; the Registry directed to place Criminal Appeal No. 885 of 2019 and the connected matters before the appropriate Bench, on the Chief Justice's orders, to decide the facts in the light of this position.

Judgment PDF: Supreme Court of India, [2022] 10 S.C.R. 156.