61. Plea in bar. -(1) The accused, at the time of his general plea of “guilty” or “not guilty” to a charge for an offence, may offer a plea in bar of trial on the ground that-
(a) He has been previously convicted or acquitted of the offence by a competent criminal court or by a court-martial or has been dealt with summarily under section 82 or section 86 for the offence or a charge in respect of the offence has been dismissed as provided in sub-rule (2) or rule 24; or
(b) The offence has been pardoned or condoned by competent air force authority; or
(c) The time which has elapsed between the commission of the offence and the commencement of the trial is more than three years, and the limit of time for trial is not extended under section 121.
(2) If he offers such plea in bar, the court shall record it as well as his general plea, and if it considers that any fact or facts stated by him are sufficient to support the plea in bar it shall receive and evidence offered, and hear any address made by the accused and the prosecutor in reference to the plea.
(3) If the court find that the plea in bar is proved, it shall record its finding, and notify it to the confirming authority, and shall either adjourn, or if there is any other charge against the accused, whether in the same or in a different charge-sheet, which is not affected by the plea in bar, may proceed with the trial of the accused on that charge.
(4) If the finding that the plea in bar is proved is not confirmed, the court may be reassembled by the confirming authority, and proceed as if the plea had been found not proved.
(5) If the court finds that the plea in bar is not proved; it shall proceed with the trial, and the said finding, shall be subject to confirmation like any other finding of the court.
| 