Harjinder Singh vs State Of Punjab

The Supreme Court held that under Sections 385-386 of the Code of Criminal Procedure, an appellate court cannot dismiss an appeal for non-prosecution without considering the merits of the case. The Court emphasized that if the accused is in jail and unable to arrange for legal representation, the appellate court should adjourn the case to allow for proper representation or appoint a lawyer at State expense. Consequently, the Court set aside the High Court's order and remitted the matter for a fresh hearing, ensuring the appellant is afforded the opportunity to present his case.