Law: Code of Criminal Procedure (CrPC), 1898

Section: 205,540-A

Law: Code of Criminal Procedure (Amendment) Act, 2004

Section: 29

Criminal Procedure Code, 1898 (V of 1898)------Ss. 205 & 540-A--Constitution of Pakistan, 1973, Art. 29--Physical exemption for appearance either through lawyer or through virtual presence on video link--Earning his livelihood abroad--Incapable of remaining before Court supports idea--Order passed by Additional Session judge, whereby accused/respondent was permanently exempted from his appearance in trial on ground that he is earning his livelihood abroad--Incapable of remaining before Court does include earning of livelihood abroad--Exemption of accused from attendance for a longer period is always read as detrimental to expeditious trial--Article 29 of Constitution states that it is responsibility of each organ and authority of State--During trial if accused is incapable of remaining before Court, he can seek his physical exemption for appearance either through lawyer or through virtual presence on video link--Order passed by Additional Sessions Judge, does not call for any interference--Petition is dismissed. [Pp. 184, 185, 186 & 192] A, B, D & P2015 PCrLJ 58 (Lahore); 2019 PCrLJ 267 [Shariat Court (AJ & K)]; PLD 2004 SC 160; 2020 MLD 160 (AJ & K High Court); 2023 PCrLJ 596; PLD 2020 Islamabad 24; 2022 MLD 1325 (Peshawar)]; 2020 PCrLJ 1184; PLD 2021 Peshawar 105] ref.Criminal Procedure Code, 1898 (V of 1898)------S. 540-A--Section 540-A of Code is an enabling provision--Word “incapable”--The word “incapable” was derived from Late Latin word “incapabilis” which literally means unable do or achieve (something); unable to behave rationally or manage one’s affairs.Criminal Procedure Code, 1898 (V of 1898)------S. 540-A--Exemption of one day or two due to certain emergency situation in absence of accused would not be legally permissible under such section, however, Court by virtue of its inherent power can allow such exemption.Criminal Procedure Code, 1898 (V of 1898)------Ss. 82/93-B & 239--Joint trial--Joint trial of different accused is only an exemption as mentioned in Section 239 of, Cr.P.C.--Court can resort to all permissible coercive measures side by side for procuring attendance of exempted accused including issuance of…