Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ---S. 540-A---Inquiry and trial in absence of accused ---Scope--­Section 540-A, Cr.P.C. deals with a situation where there are two or more accused in the Court facing inquiry or trial and subsequently have become incapable of remaining before the Court---Accused has to be physically present before the Court and if subsequently he has become incapable 'of remaining before the Court, exemption can be granted to him for reasons to be recorded. (b) Criminal Procedure Code (V of 1898)--- ----S. 540-A---Penal Code (XLV of 1860), S.337-A(ii)/34---Constitution of Pakistan (1973), Art.185(3)---Exemption from appearance in Court refused to accused---Validity---Accused had left the country and gone abroad for employment in the month of July, 2002 while application for exemption was made in September, 2002, on his behalf by his father who was co-accused in the case---Record did not indicate that the accused had authorized the filing of the petition which was liable to be summarily rejected on this ground alone ---Challan had been put in the Court in March, 2002 .and the accused had almost four months to move the application for exemption before proceeding abroad but he chose to leave without grant of exemption---Absence of Presiding Officer was not an insurmountable hurdle in the way of accused who could either get the case transferred or at least could get his application for exemption entrusted to a competent Court of law for obtaining appropriate orders within time, but he did not make any such effort-Accused had to be physically present in the Court for claiming exemption but he did not do so---Impugned order did not warrant any interference---Leave to appeal was refused to accused accordingly. Aurangzeb v. Bilal and 5 others 2002 PCr.LJ 947; Dr. Ali Yahya v. The State 1989 PCr.LJ 1652; Shah Zaman v. Sher Afzal Khan and another PLD 1993 Pesh. 155 and Muhammad Hussain v. Pervaiz ur Rehman and another. 1980 PCr.LJ 1 distinguished. (c) Criminal Procedure Code (V of 1898)--- ----S. 540-A---Inquiry and trial in absence of accused---Intent and import--Normally the accused has to be physically present in the Court for claiming…

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