SAJJAD AKBAR vs State S — 2022 MLD 1325 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 1325 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: SAJJAD AKBAR vs State S
Subject matter: Criminal
Provisions referred to: S. 540-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAJJAD AKBAR VS State S.540-a---Provision for inquiries and trial being held in the absence of accused in certain cases---Exemption from personal appearance---Scope---accused assailed the dismissal of his application for exemption from personal appearance before the Court---Conduct of the accused and his father (who had appeared before the Court in his absence) showed that they had due regard for the Court and law---No doubt, twice accused had left the country without getting any permission from the Court but such non-appearance could not be taken like that of an absconder because he had left the country through legal means when he was on bail and had attended the Court for some time---Non-appearance of accused should have been condoned by granting him exemption from his personal appearance before particularly when not only his father was appearing before the Court but he was also represented before the Court by his counsel---Constitutional petition was allowed, in circumstances. Head NotesCase Description

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