justice, and that the attendance of such witness cannot be procured without an amount of delay,
expense or inconvenience which, in the circumstances of the case, would be unreasonable, such
Court may, if it thinks necessary, issue a commission in the manner specified in Chapter XL of the
Code of Criminal Procedure, 1898 (Act V of 1898), according as the witness resides in a place in or
outside Pakistan.
(2) The Court may be adjourned for a specified time reasonably sufficient for the execution and
return of the commission.
(3) Such a commission shall be executed by the magistrate or officer to whom it is issued in the
same manner as if it was issued in the trial of a 1[case under Chapter XX of] the Code of Criminal
Procedure, 1898 (Act V of 1898), or of any corresponding law in force at the place where the
evidence is recorded; and shall be returned, together with the deposition of the witness examined
thereunder, to the Judge Advocate General.
(4) The Judge Advocate General will forward the same to the Courtmartial who issued it or, if
the said Courtmartial is in the meanwhile dissolved, to another Courtmartial convened for the trial
of the accused in respect of the same charge and any deposition so taken shall be recorded in
evidence and shall form part of the proceedings of the Court.
Explanation.___In this section, the expression “Judge Advocate General” includes a Deputy
Judge Advocate General.
136. [Examination of a witness on commission.] Omitted by the Pakistan Army and Air Force
(Amdt.) Ordinance, 1964 (6 of 1964), s. 3.
137. Conviction of offence not charged.___ (1) A person charged before a Court‑martial with
desertion may be found guilty of
1 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3, and Sch. II.
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