Law: Criminal Procedure Code (V of 1898)

Section: 540A,561A,Preamble

Law: Pakistan Penal Code, 1860

Section: 419,420,468,471

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 540-A & 561-A---Penal Code (XLV of 1860), Ss.419/420/468/471--­Exemption from personal appearance in Trial Court refused to petitioner--­Validity---View taken by the Courts below in refusing exemption to petitioner from personal appearance in the Trial Court was based on mere technicalities---Physical presence of accused was not a condition precedent for granting exemption to him---Purpose for conferring a discretion on the Court by S.540-A, Cr.P.C. in granting exemption to accused from personal appearance at any stage of trial or inquiry was that the trial was not brought to halt and the Court was able to proceed and conclude it in his absence--­Where the prayer made for such exemption was based on genuine ground, its refusal certainly would be violative of the said settled principle and would defeat the very purpose for which the aforementioned provision was enacted---Impugned orders of the Courts below were consequently set aside and the accused was granted exemption from personal appearance in the Trial Court pending trial---Petition was accepted accordingly. M. Saleem Babar v. The State PLD 1987 Lah. 288; State v. Qaim Ali Shah 1992 SCMR 2192 and Mazhar Ali Khan v. Governor of Punjab PLD 1954 Lah. 14 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 540-A---Exemption of accused from personal appearance---Physical presence of an accused before the Court is not a condition precedent for granting him exemption from appearance---Term 'before the Court' used in S.540-A, Cr.P.C. does not necessarily lead to a conclusion that it means and points towards the physical presence of the accused---Even if the said phrase 'before the Court' is held susceptible to two interpretations, even then the one which favours the accused is to be accepted and followed. (c) Interpretation of statutes-- ---- Neither the Court shall add to the statute what is omitted nor omit anything from it which is expressly mentioned therein and it shall be interpreted in a manner to advance the cause of justice by making it workable practicable and harmonious so that mischief is avoided as far as possible---Such interpretation would…

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