Clause 387

At the hearing of an appeal, the appellate court shall hear the appellant or his advocate, if he appears, and if it thinks fit, the respondent or his advocate, if he appears, and shall hear the appellant or his advocate in reply.

If the appellant is in custody and does not appear at the hearing to support his appeal in person or by advocate, the appellate court may consider his appeal and may make such order as it thinks fit.

If the appellant is not in custody but fails to appear at the hearing of the appeal, the appellate court may dismiss the appeal, except that the court may reinstate the appeal if the appellant subsequently appears before the court and satisfies the court that his non-appearance was not due to his fault.