(1) When an indictment containing more than one count is preferred against the same person, and a conviction is secured on one or more of such counts, the prosecutor may withdraw the remaining charge or charges contained in the count or counts against the person.
(2) Any such withdrawal under subsection (1) shall have the effect of an acquittal on such charge or charges unless the conviction is set aside in which case the Court, subject to the order of the Court of Appeal setting aside the conviction, may proceed with the trial of the charge or charges so withdrawn.