(1) An accused before pleading to charge may offer a plea that the trial is barred under section 87 or section 88. If he does so :--
(a) the accused may adduce evidence in support of the plea and the prosecutor may adduce evidence in answer thereto, and
(b) the prosecutor may address the Court in answer to the plea and the accused may reply to the prosecutor's address.
(2) If the Court allows the plea it shall adjourn and report to the convening officer:
Provided that if there is another charge or another charge-sheet before the Court, the Court may, before adjourning under this rule, proceed with the trial of the accused for such other charge or other charge, sheet.
(3) When a Court reports to the convening officer under this rule, the convening officer shall;
(a) if he approves the decision of the Court to allow the plea,
(i) dissolve the Court; or
(ii) where there is another charge or another charge-sheet before the Court to which the plea does not relate and which the Court has not tried may direct the Court to proceed with the trial of the accused for such other charge or charge sheet only.
(b) If he disapproves the decision of the Court to allow the plea.--
(i) direct the Court to try the accused for the charge; or
(ii) where there is another charge or another charge-sheet before the Court, to which the plea does not relate and which the Court has not tried, direct the Court to proceed with the trial of the accused for such other charge or charge-sheet only; or
(iii) convene a fresh Court to try the accused.
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77. Application for separate trial-(1) Where two or more accused are charged joint]y, anyone of the accused may, before pleading to the charge, apply to the Court to be tried separately on the ground that he would he prejudiced in his defence if he were not tried separately.
(2) Where the accused makes such an application, the prosecutor may address the Court in answer thereto and the accused may reply to the prosecutor's address.
(3) Where the Court is of the opinion that the interests of justice so require it shall allow the application and try separately the accused who made it.