"Section 172 bis.- After the proceedings under Section 172, second paragraph, has been taken by the Court, and the Court deems expedient that the trial shall be proceeded without delay, it has. the power to conduct the trial and the taking of evidence in the absence of the accused in the following cases:
"(1) in the case of offences punishable with imprisonment the maximum of which does not exceed ten years, irrespective of any punishment with fine is imposed or not, or in the case of offences punishable with fine only, the accused has a counsel and has been granted permission from the Court not to attend the trial and the taking of evidence:"
been satisfied to the statement of the prosecutor that the trial and the taking of evidence applied by the prosecutor do not involve any accused, it may conduct the trial and the taking of evidence in the absence of such accused;
(3) In the case of several accused persons, the Court may, if it thinks fit, conduct the trial and the taking of evidence upon each accused in the absence of any other accused.
In the case where the Court has conducted the trial and the taking of evidence according to (2) or (3) in the absence of any accused, no Court shall, in any case whatever, be bound by the trial and the taking of evidence conducted in the absence of, and to be detrimental to, such accused."
1. The accused shall be present during the trial.