Tuesday, 31 May 2022

Exemption from appearance of accused on medical reasons.

 S. 540-A---Criminal trial---Exemption to an accused from personal appearance--- Medical reasons---Exemption from appearance granted in absence of accused---Scope---Exemption from appearance before court could be granted to accused in his absence in extremely exceptional cases such as his ailment rendering difficulty in movement---Accused-applicant, in the present case, was suffering from serious ailment (prolapsed intervertebral disc and spinal stenosis) and was unable to attend court--- Medical record of accused showed that the doctor had advised him complete bed rest, and if he traveled or moved on stairs, then such carelessness would be dangerous and result in paralysis of lower part of his body---High Court directed that in such circumstances, the attendance of the accused before Trial Court was dispensed with and he was allowed to appear through his pleader on each date---Application was allowed accordingly.

2015 PCrLJ 1413 Khi

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