Charging accused and trying them together is warranted under sec 218 but held, there are exceptions to this rule in Ss 219 to 221 and thus if a person falls under these exceptions, then joint trial for the offences which a person is charged with may be conducted. Further held, while applying the principles enunciated in Ss 218 to 223 on conducting of joint and separate trials, trial court should apply a two pronged test, namely: (i) whether conducting a joint /separate trial will prejudice the defence of the accused, and/or (ii) whether conducting a joint/separate trial would cause judicial delay.
[Nasib Singh v. State of Punjab, (2022) 2 SCC 89]