ABSENCE OF ACCUSED

Citation Name : 2019 PCrLJ 267 SHARIAT-COURT-AZAD-KASHMIR
Side Appellant : AFTAB AHMAD
Side Opponent : State
S. 540-A---Trial in ABSENCE OF ACCUSED ---Words "before the court", as used in S. 540-A, Cr.P.C.---Connotation---Accused, during trial, in his presence moved an application for exemption from personal appearance before Trial Court which was dismissed---Validity---Held; words "before the court" could not be assigned the strict meaning of personal attendance of an accused before the court, because one of the necessary elements for attracting the jurisdiction of the court under S. 540-A, Cr.P.C. was that an accused could be represented by a pleader and the court could exempt an accused from personal appearance---Accused was present before the Trial Court at the time when the application for exemption from personal appearance was moved and now he had gone abroad for earning his livelihood after filing application before Trial Court---Rejection of his application would deprive him from earning livelihood---Revision petition was accepted and accused was exempted from personal appearance.

Citation Name : 2019 SCMR 1295 SUPREME-COURT
Side Appellant : STATE
Side Opponent : MUHAMMAD RAMZAN
Absconsondment of accused---Case to be decided on merits in ABSENCE OF ACCUSED ---Accused had to be afforded a reasonable opportunity of hearing so as to vindicate his position more so in situations involving corporal consequences, however a party could not avail such opportunity to a point of time of its own choice---Once the absence/abscondment of accused was found to be a calculated move to obstruct the judicial process, a case could be decided on its own merits.

Citation Name : 2019 SCMR 1122 SUPREME-COURT
Side Appellant : State
Side Opponent : FAKHAR ZAMAN
Absconsondment of accused---Case to be decided on merits in ABSENCE OF ACCUSED ---Where accused was sent repeated process to appear before court but found it convenient to stay away from the law, and his absence was seemingly calculated to avoid the judicial process, the accused though endowed with right of opportunity of hearing, nonetheless, could not hold the process of law in abeyance to a point of time of his own choice---Case of such an accused could be decided even in his absence if the default (abscondment) was deliberate.