Criminal Manual 300 — Section

Gujarat High Court Criminal Manual (subordinate court practice), 1977

Statutory text

(i) Before summarily dismissing the appeal it is obligatory to give reasonable opportunity to the appellant or his pleader to be heard.

(ii) The appeal presented from the jail by the convict should not be dismissed summarily without hearing the appellant except in circumstances specified in section 334 (1) (b), Code of Criminal Procedure, 1973. The appellant who has preferred the appeal from the jail and who is not represented by the pleader should be called from the jail and should be heard before the appeal is disposed of and the power of not calling the accused from jail should be very sparingly exercised on grounds mentioned in the section.

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