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Rai MUHAMMAD ASLAM vs ADDITIONAL SESSIONS JUDGE S — 2025 PLD 405 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PLD 405 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PLD
Parties
Rai MUHAMMAD ASLAM vs ADDITIONAL SESSIONS JUDGE S
Subject matter
Criminal
Provisions referred to
S. 540-; 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

Rai MUHAMMAD ASLAM VS ADDITIONAL SESSIONS JUDGE S. 540-a---Exemption from personal appearance---Grounds---application of the accused under S. 540-a, Cr.P.C., for exemption from personal appearance permanently on the ground of earning his livelihood abroad was dismissed by the Trial Court, but same was allowed by the Revisional Court---Validity---Exemption of accused from attendance for a long period is always read as detrimental to expeditious trial but legislator has also taken care of such issue while introducing S. 540(2), Cr.P.C., which is a saving clause---Court could direct an appropriate authority for alternate arrangement for appearance of accused on video link if he is in Pakistan, and if abroad, Court can pass on such direction to concerned High Commission for arrangement of place suggested by the Commission---Thus, during the trial if the accused was incapable of remaining before the Court, he could seek his physical exemption from appearance either through lawyer or through virtual presence on video link---Consequently, impugned order did not call for any interference, therefore petition was dismissed accordingly.

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