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2019 (12) TMI 1624 - SC - Indian LawsRejection of prayer of the Appellant for dispensation with his personal appearance/attendance in a case that pertains to the charge-sheet - offences punishable Under Sections 120-B read with Sections 420, 409 Indian Penal Code and Sections 9, 12, 13(2) read with 13(1)(c) and Section 12 of the Prevention of Corruption Act - HELD THAT:- At the outset, it is required to be noted that the Appellant is required to appear before the learned Trial Court on every Friday and the Appellant as such is appearing before the learned Trial Court on each and every Friday since 2013. Nothing is on record that at any point of time the Appellant has tried to delay the trial. The Appellant is represented through his counsel. The Appellant is a permanent resident of Delhi. He is the Director on the Boards of several companies. The distance between Delhi and Hyderabad is approximately 1500 kms. Therefore, the Appellant sought for exemption from personal appearance before the learned Trial Court on each and every Friday and submitted the application Under Section 205 Code of Criminal Procedure and submitted that on all dates of adjournments, his counsel Sri Bharadwaj Reddy shall appear and no adjournment shall be asked for on his behalf. In the case of Bhaskar Industries Ltd. [2001 (8) TMI 1407 - SUPREME COURT] this Court has observed that if a Court is satisfied that in the interest of justice the personal attendance of an Accused before it need not be insisted on, then the court has the power to dispense with the attendance of the Accused. It is further observed by this Court in the aforesaid decision that if a court feels that insisting on the personal attendance of an Accused in a peculiar case would be too harsh on account of a variety of reasons, the court can grant relief to such an Accused in the matter of facing the prosecution proceedings. It is observed and held by this Court in the aforesaid decision that the normal Rule is that the evidence shall be taken in the presence of the Accused. However, even in the absence of the Accused, such evidence can be taken but then his counsel must be present in the court, provided he has been granted exemption from attending the court. The impugned judgment and order passed by the High Court as well as that of the learned Trial Court rejecting the application submitted by the Appellant Under Section 205 Code of Criminal Procedure are hereby quashed and set aside - Appeal allowed.
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