41. Joint trial of several accused persons.-Any number of accused persons may be tried together for an offence charged to have been committed by them collectively, and any number of accused persons, although not charged jointly, may be tried together for an offence averred to have been committed by one or more of them and to have been abetted by others but in such cases notice of the intention to try the accused persons together shall be given to each of the accused at the time of his being informed of the charge, and any accused person may claim, either by notice to the authority convening the court, or when arraigned before the court, by notice to the court to be tried separately, on the ground that the evidence of one or more of the other accused persons proposed to be tried together with him will be material to his defence: the convening authority or court, if satisfied that the evidence will be material, and if the nature of the charge admits of it, shall allow the claim, and such accused person shall be tried separately.
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