- (1.) Since common questions arise in Crl.M.P. Nos. 4613 and 4614 of 1997, both were heard together and are being disposed of by a common judgment.
(2.) In these two petitions an issue of public importance that missed the eye of the legal profession came to light i.e., whether the accused/appellant has to attend the Court on everyday of posting in an appeal filed by him against the conviction and sentence given by the Court below.
(3.) The petitioner A-11, A-13 and A-14 were tried and convicted under Sections 3(k)(i)(VIII) read with S. 29(i)(a) of Insecticide Act (for short 'the Act') in C.C. No. 199 of 1988 and C.C. No. 200 of 1988 respectively by the Addl. Judicial First Class Magistrate, Bhimavaram and sentenced them to undergo R.I. for one year and to pay a fine of Rs. 1000.00 each in both petitions respectively. Aggrieved by the said orders of conviction and sentence, they preferred Crl. Appeal No. 57/97 and 58/97 respectively on the file of the I Addl. Sessions Judge, West Godavari at Eluru. On 1-9-1997 an application was filed on behalf of these accused seeking dispensing with personal attendance on the dates of hearing of the appeal except on the date of judgment or at any time the Hon'ble Court directs. The said application was dismissed by the appellate Court vide its order dated 10/09/1997 by holding that during the hearing of the appeal before the Sessions Court, such a facility is not available to the convict/appellant. Hence, the question of dispensing with their personal attendance is not permissible in law. Questioning the said orders the present application is filed under section 482, Cr.P.C.;