Code of Criminal Procedure, 1973–Secs. 384 to 386–Appeal against conviction–Governing principles–
(i) High Court cannot dismiss an appeal for non-prosecution simpliciter without examining the merits,
(ii) Court is not bound to adjourn the matter if both the appellant or his counsel are absent,
(iii) the Court as the matter of prudence or indulgence, adjourn the matter but it is not bound to do so,
(iv) it can dispose of the appeal after perusing the record and judgment of the trial Court,
(v) if the accused is in jail and cannot, on his own, come to Court it would be advisable to adjourn the case and fix another date to facilitate the appearance of the accused-appellant if his lawyer is not present, and if the lawyer is absent and the Court deems it appropriate to appoint a lawyer at the State expenses to assist it, nothing in the law would preclude the Court from doing so, and
(vi) if the case is decided on merits in the absence of the appellant, the higher Court can remedy the situation.
