Law: Criminal Procedure Code, 1898

Section: Ss. 420 & 422

(a) Criminal Procedure Code (V of 1898),   Ss. 420 & 422-- Appellant in jail---When entitled to 6e present in Court for hearing of his appeal.   Where an appeal has been lodged under section 420, Cr. P. C., the appellant has no right to be present before summary dis missal. Where an appellant in jail has engaged a pleader, only these pleader, and not the appellant, has a right to be present. Where the appellant in jail has not engaged a pleader, he has a right to be present, if he so desires, notwithstanding the fact that a pleader may have been appointed for him at Government expense. The Court, however, will always consider whether the ends of justice require that an appellant should be heard. A I R 1938 Bom. 279; Queen Empress v. Pophi 13 All. 171; Lal Bahadur v. Emperor A I R 1928 All. 84; A I R 1949 E. P. 321; A I R 1927 Oadh 312; 27 Cr. L. J. 1933 and P L D 1959 S C (Pak.) 45 considered. (b) Criminal Procedure Code (V of 1898),   Ss. 422 & 423---`His pleader'-----Pleader appointed at Government expense for appellant confined in jail---Not `his pleader' within meaning of Ss. 422 and 423. (c) Criminal appeal-   Creature of statutory law. (d) Criminal Procedure Code (V of 1898),   S. 420---Jail appeal may be dismissed summarily without having appellant produced in Court even if he applies for being produced. (e) Maxim-`   Audi alteram partem'---`No man shall be con demned unheard--Principle riot limited to Courts but extends to all proceedings by whomsoever made. (f) Acts and Statutes-   Jurisprudence, general rules of Must yield to enactments. (g) Criminal Procedure Code (V of 1898),   S. 423---"Hearing the appellant or his pleader, if he appears"---Only one of the two to be heard. (h) Prisoners Act (III of 1900)-   Contains no limitations on power; conferred by Cr. P. C. on Appellate Court for production of appellant. (i) Criminal Procedure Code (V of 1898),   S. 420---Jail appeal----Engagement of pleader at Government expense---Necessity of amending Rules.   JUDGMENT   H. T. RAYMOND, J.-A number of appellants in jail have applied requesting permission to attend the…