| Case ID |
42edc65a-43c5-4e6f-91dd-4dc410a4c317 |
| Body |
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| Case Number |
Criminal Revision No. 43 of 2014 |
| Decision Date |
|
| Hearing Date |
Apr 02, 2014 |
| Decision |
The revision petition was dismissed as it was found that the respondent was incapable of appearing before the court due to work obligations abroad. The court was satisfied that the conditions for granting exemption as per Section 540-A of the Criminal Procedure Code were met. The ruling emphasized the importance of the representation by an advocate during the trial and noted that no hurdles had occurred in the trial process due to the absence of the accused. It was also stated that the trial court could withdraw the concession of exemption if any issues arose during the proceedings as a result of the accused's absence. |
| Summary |
In the case of Criminal Revision No. 43 of 2014, the Lahore High Court addressed the issue of personal appearance exemptions under the Criminal Procedure Code (V of 1898). The court evaluated the conditions under Section 540-A, which allows for exemptions when the accused is represented by a lawyer, is incapable of appearing, and when two or more accused are present. The petitioner contended that the respondent was absent due to work commitments in Saudi Arabia, which was substantiated by the court. The ruling underscored the necessity of legal representation in trials and established that the trial court could revoke the exemption if future complications arose. This case serves as an important reference for similar instances involving personal appearance exemptions in criminal trials, reflecting the balance between judicial process and the rights of the accused. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD TARIQ ABBASI, J
|
| Lawyers |
Usman Sharif Khosa for Petitioner,
Mian Abdul Qayyum, Additional Prosecutor-General for the State,
Malik Muhammad Saleem for Respondent
|
| Petitioners |
MUHAMMAD NAWAZ
|
| Respondents |
The STATE and another
|
| Citations |
2015 SLD 434 = 2015 PCRLJ 58
|
| Other Citations |
Haji Aurangzeb v. Mushtaq Ahmad and another PLD 2004 SC 160 rel.
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
205,
540-A
|