(3) Provided further that if the time during which the accused remained in custody as a result of renewal of his remand, amounted to six months or half the maximum period of imprisonment provided for the offence with which he is charged, whichever is less, the Magistrate shall not renew the remand in custody without first obtaining a written permission from the President of the Court of Appeal. NOTE : For form of warrant see Schedule 111,28. 237. Procedure by Magistrate In Cases of Which He Cannot Dispose. (1) If in the course of an inquiry or trial before a Magistrate the evidence appears to him to warrant a presumption that the case is one that should be tried or committed for trial by some other Magistrate, he shall stay proceedings and submit the case with a brief report explaining its nature to any Magistrate of the first or second class to whom he is subordinate or to such other Magistrate of like powers as the High Court or County Judge may direct. (2) The Magistrate to whom the case is submitted may either try the case himself (if he has jurisdiction so to do) or commit the accused for trial or refer it for trial on commitment to any Magistrate subordinate to him having jurisdiction. (3) If any such case, the Magistrate to whom the case is submitted or referred considers that the accused should be committed for trial, he shall follow the procedure laid down in Chapter XVIII save that he shall not be bound to take again any of the evidence already recorded. (4) If in any such case the Magistrate decides that the case should be tried, the trial shall be begun afresh. 238. Joint Trial may be Stayed and Accused Tried Separately. The Court at any stage of a trial where there are several accused may by order in writing stating the reasons therefore stay the proceedings of the joint trial and may continue the proceedings against each or any of the accused separately. NOTE : This section enables a Court to stay proceedings in a joint trial where it appears that the evidence of one of the accused is required for the prosecution or defense of another accused; it is not necessary to begin such separate trials afresh, but the separate trials may be continued from the point reached in the joint trial when the order staying the proceedings in it was made. In such case the accused whose evidence is desired should if possible be acquitted or convicted before his evidence is taken. 80