Law: Criminal Procedure Code (V of 1898)

Section: 540A

(a) Criminal Procedure Code (V of 1898)--- ----S. 540-A---Exemption from personal appearance---Physical presence, necessity of---Scope---Section 540-A, Cr.P.C. does not postulate the physical presence of accused as a condition precedent for granting exemption to him---If it was intended by the law maker to attach such condition then it would have done it by mentioning the same clearly and in unambiguous term---Term "before the court", employed in S. 540-A, Cr.P.C., does notnecessarily mean and point towards the physical presence of the accused. (b) Interpretation of statutes--- ----While interpreting statute relating to the realm of criminal law, which transgresses/encroaches upon the liberty of person or property of a subject, much care and caution was to be observed and the interpretation be made in a manner which is to preserve such right and not to disturb the same. State v. Qaim Ali Shah 1992 SCMR 2192 fol. THIS ORDER PASSED BY: ROOH-UL-AMIN KHAN, J.--- Through this criminal revision etition under section 439, Cr.P.C., the petitioners have questioned the order dated 18.01.2017, passed by the learned trial Court/Additional Sessions Judge-I, Hangu, whereby petitioners' application under section 540-A, Cr.P.C. for their exemption from personal appearance was dismissed, consequently, their bail was recalled and proceedings under section 514, Cr.P.C. were initiated against their sureties. 2. Facts in brief forming the background of the instant revision petition are that petitioners are accused in case FIR No.648 dated 01.08.2016, registered under sections 354-A, 355 and 149, P.P.C., at Police Station City Hangu. Ad-interim pre-arrest bail of petitioners was confirmed by the learned trial court vide orders dated 13.04.2018 and 11.08.2018, on the sole ground of compromise. Later on, challan was submitted against the petitioners and co-accused. When summoned, co-accused Sawir and Imran appeared before the learned trial Court, whereas the petitioners being abroad in connection with earning their livelihood, did not appear, hence, NBWA was issued against them vide order dated 02.01.2017 and learned defence counsel directed to produce the petitioners on the next date…

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