Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2018 (3) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (3) TMI 1982 - SUPREME COURTPrayer for exemption from personal appearance Under Section 205 Code of Criminal Procedure - HELD THAT:- The High Court has noticed that the Accused had already appeared after obtaining the order of pre-arrest bail and furnishing bond and sureties to the satisfaction of the court. The pre-arrest bail was granted to the Accused by the District and Sessions Judge by order dated 21.06.2013 and thereafter the Accused appeared before the court as has been noticed in paragraph 8 of the judgment of the High court itself - The grant of exemption from personal appearance in the court on each and every date was required to be considered in view of the fact that application was filed on 17.01.2013 much before their appearance in the court. Further, the Magistrate had not rejected the application on the ground that application is not entertainable after appearance of the Accused before the court. The High Court in its order observed that there is another provision that is Section 317 Code of Criminal Procedure which gives discretion to the court to exempt a person from personal appearance. The High Court observed that the remedy available to the Accused was Under Section 317 Code of Criminal Procedure and not Under Section 205 Code of Criminal Procedure Section 317 Code of Criminal Procedure which empowers the Magistrate, at any stage of inquiry or trial for reasons to be recorded to exempt attendance of the accused. The Magistrate was not powerless to consider the prayer Under Section 317 Code of Criminal Procedure as per the view taken by the High Court - there is no impediment in the power of the Magistrate to consider the application of Accused for their exemption from personal appearance. Sufficient grounds were made out for granting exemption from personal appearance of the Appellants in the trial. The Magistrate committed error in not adverting to the grounds taken for praying the exemption and rejected the application on the reasons which were unfounded. The Magistrate Under Section 205 Sub-section (2) Code of Criminal Procedure is empowered at any stage to direct personal appearance of the Accused hence as and when personal appearance of the Accused is required the Magistrate is empowered to issue necessary orders if so decides - Appeal allowed.
|