Law: Criminal Procedure Code (V of 1898)

Section: 205,540-A

(a) Criminal Procedure Code (V of 1898)--- ----S. 540-A---Exemption to an accused from personal appearance---Conditions to be fulfilled for grant of exemption to an accused enumerated. Following are the conditions that should be fulfilled to claim and grant exemption to an accused from personal appearance during trial:-- (i) There should be two or more accused before the court; (ii) The accused seeking exemption should be before the court; (iii) The accused should be incapable of remaining before the court; (iv) The accused should be represented by a pleader; (v) The Court should be satisfied about the incapability of the accused to remain before it. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 205 & 540-A---Exemption to an accused from personal appearance---Grounds and conditions---Accused earning his livelihood abroad---Accused faced trial along with the co-accused and sought dispensation from personal appearance on the grounds that he was working and earning his livelihood abroad, for which purpose he had obtained a visa after incurring heavy expenditure; that during investigation he had been declared innocent, but appeared and joined the trial on summoning of the court, and that in his place an advocate would appear in the court on each and every date of hearing and join the proceedings---Validity---Incapability to appear before the Trial Court, as pleaded by the accused could be termed a fit (ground) for exemption--- Accused fulfilled all the conditions that were required to be fulfilled to claim and grant exemption to an accused from personal appearance during trial---After grant of dispensation by the Trial Court, no hurdle had occurred in the trial due to non-availability of accused--- Revision petition against dispensation allowed to accused was dismissed in circumstances with the direction that if at any stage of trial, Trial Court felt any hurdle due to non-availability of accused or his advocate, then it should not hesitate in withdrawing the concession and requiring personal appearance of accused. Haji Aurangzeb v. Mushtaq Ahmad and another PLD 2004 SC 160 rel. JUDGMENT MUHAMMAD TARIQ ABBASI, J.---This revision petition is directed…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492