(2) If, on account of the illness 1 * * * of the accused before the finding, it is
impossible to continue the trial, the Court martial shall be dissolved.
(3) The officer who convened a Court martial may dissolve such Court martial if it appears to him
that the exigencies of the service or the necessities of discipline render it impossible or inexpedient to
continue the trial.
(4) Where a Court martial is dissolved under this section, the accused may be tried by a fresh
Court martial.
90. Prohibition of second trial. Where any person subject to this Act has been acquitted or
convicted of an offence by a Court martial or by a criminal Court or has been summarily dealt with
for an offence under section 23, he shall not be liable to be tried again for the same offence by a
Court martial or be dealt with summarily in respect of it under the said section [ : ]2
3[ Provided that this section shall not apply in a case in which the finding or sentence of the court
martial has not been confirmed or the proceedings have been annulled under section 132.].
91. Period of limitation for trial.___(1) No trial by Court martial of any person subject to this
Act for any offence, other than an offence of desertion or fraudulent enrolment or any of the offences
mentioned in 3[section 31 or section 40 or section 59], shall be commenced after the expiration of
three years from the��date of such offence, and no such trial for an offence of desertion, other than
desertion on active service or of fraudulent enrolment shall be commenced if the person in question,
not being an officer, has subsequently to the
1 Omitted by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 17.
2 Subs. and added by the Pakistan Army (Amdt.) Ordinance, 1983 (39 of 1983), s. 2.
3 Subs. by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 10, for “Section 31 (or section 40). The words in crotechets were ins. by the Pakistan Army (Amdt.) Act, 1958 (11
of 1958), s. 10, to read as above.
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