168
Laws of Malaysia
Act 593
(3) In any case a Judge may, of his own motion or on the
application of a party concerned and with reasonable notice to
the parties, accelerate or postpone the hearing of an appeal.
Procedure at hearing
313. (1) When the appeal comes on for hearing the appellant,
if present, shall be first heard in support of the appeal, the
respondent, if present, shall be heard against it, and the appellant
shall be entitled to reply.
(2) If the appellant does not appear to support his appeal the
Court may consider his appeal and may make such order thereon
as it thinks fit:
Provided that the Court may refuse to consider the appeal or
to make any such order in the case of an appellant who is out
of the jurisdiction or who does not appear personally before the
Court in pursuance of a condition upon which he was admitted
to bail, except on such terms as it thinks fit to impose.
Non-appearance of respondent
314. (1) If, at the hearing of the appeal, the respondent is not
present and the Court is not satisfied that the notice of appeal
was duly served upon him, then the Court shall not make any
order in the matter of the appeal adverse to or to the prejudice
of the respondent, but shall adjourn the hearing of the appeal
to a future day for his appearance, and shall issue the requisite
notice to him for service through the Registrar.
(2) If the service of the last-mentioned notice cannot be effected
on the respondent the Court shall proceed to hear the appeal in
his absence.
Arrest of respondent in certain cases
315. When an appeal is presented against an acquittal a Judge
may issue a warrant directing that the accused be arrested and
brought before him, and may commit him to prison pending the
disposal of the appeal or admit him to bail.
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