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Criminal Procedure Code, 1973 (2 of 1974) Section 379, 482 – Personal appearance – Appellate Court – Suspension of sentence – Appellate Court , was not the trial Court, and, nor was required to ensure the regular attendance before him of the petitioner–accused – The jurisdictional necessity qua the recordings of personal appearance of the accused, is subject to just exceptions, rather vests only in the learned trial Judge concerned, and, is neither required to be asked for, nor, is required to be caused, before the appellate court concerned, except, when after the dismissal of the appeal, and, in case the accused is to be heard for enhancing the sentence of imprisonment – Appellate Court could never insist, upon the repetitiveness of personal appearances of the convict before him, and, nor could proceed to quash the earlier thereto order, wherethrough, he proceeded to suspend the execution of the imprisonment as imposed by the convicting Court, and nor could he in the above order, ask for the regular personal appearance(s) before him.
