AZIZ BIBI versus FAZAL HUSSAIN
Under section 540A, the Appeal Code (XLV of 1860), section 302/34, with the exception of personal appearance, section 5540A, CR PC, contained two conditions that allowed for personal immunity. First, the accused must be before the court. And second, that the accused was unable to remain before the court. Words Before the Court Words During a trial before a court, the physical presence of an accused means unable to remain before the court. Words also consider that an accused is present in court and for some reason. Unable to appear before the court at every hearing date, only the person, who appeared before the court and was unable to attend, could be granted immunity under Section 540A, CRPC escapes. Could not claim any benefit. The refusal or denial of personal waiver under Section 4040AA, CR PC, was solely at the discretion of the court, but such discretion should be exercised judicially and where the appellant was properly exercised by the court, It should not interfere with the accused in the present case. He claimed that he was suffering from cancer and that photostat copies of some medical certificates issued by the doctor were made OD, saying that the certificate contained various signatures, which revealed that the fake documents. The court below had not carefully reviewed the documents, which was not presented to the court and was absconding. It could not be excluded from the personal hearing. The Shariat Court was set aside.
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