| Case ID |
2e53e23f-6684-41ed-99ae-72e5d3fdac2f |
| Body |
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| Case Number |
Criminal Revision No. 409 of 1979 |
| Decision Date |
Jun 10, 1979 |
| Hearing Date |
Jun 10, 1979 |
| Decision |
The Lahore High Court allowed the revision and set aside the impugned order. The court emphasized the importance of ensuring a free and fair trial while allowing the petitioner to be represented through counsel instead of being forced to appear in person. The court ruled that unnecessary personal attendance should be avoided if the presence for judgment can be ensured. The court recognized the need for flexibility in the interpretation of the law regarding exemptions from personal appearance, particularly for those on bail who may have valid reasons to be absent. |
| Summary |
This case revolves around the interpretation of the Criminal Procedure Code regarding exemptions from personal appearance in court. The Lahore High Court addressed the issue of Muhammad Hussain, who had been appearing in court for over two years and was represented by counsel. The court found that the trial court had erred in not providing sufficient reasoning for denying the exemption from personal appearance. The ruling emphasized that individuals on bail should not be unnecessarily burdened with mandatory appearances when their presence can be ensured. This case highlights the balance between the rights of the accused and the requirements of the judicial process, advocating for a more humane approach to judicial proceedings. It underscores the significance of allowing representation through counsel to prevent overcrowding and maintain dignity within the courtroom. The application of sections 537 and 540A of the Criminal Procedure Code was central to the court's decision, promoting the idea that legal representation should be accessible without undue hardship on the accused. This ruling is particularly relevant for legal practitioners and individuals navigating the complexities of criminal law, as it sets a precedent for how courts may interpret exemptions in similar cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Aftab Farrukh
|
| Lawyers |
Hafiz Qari,
Munir Ahmad Bhatti,
S. M. K. Lodhi
|
| Petitioners |
Muhammad Hussain
|
| Respondents |
Another,
Pervaiz-ur-Rehman
|
| Citations |
1980 SLD 137,
1980 PCRLJ 1
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
537,
540A
|