Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2023 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (4) TMI 550 - HC - Money LaunderingSeeking grant of bail - money laundering - proceeds of crime - materials procured by the petitioner from the proceeds of the crime of illegal possession and sale of Monitor Lizard hemipenises - whether a case for exemption from personal appearance is made out? - HELD THAT:- In BHASKAR INDUSTRIES LTD. VERSUS M/S. BHIWANI DENIM & APPARELS LTD. ORS. [2001 (8) TMI 1407 - SUPREME COURT] it was held that the discretion conferred by Section 205 of Cr.P.C. on the Court is to be used only in rare cases where personal appearance of the accused would cause great hardship on him. In particular, if the accused is residing at a far-off place or has any physical ailment or is otherwise indisposed, the prayer for exemption from personal attendance can be favourbaly considered. But such discretion is not to be exercised routinely or on the mere asking. In the present case, the petitioner claims that he is the only son of his aged parents, who are ill and require constant attention. No document is filed in this regard. This Court finds that the petitioner is a relatively young man, aged about 38 years. He is a resident of Bhubaneswar and also has his business in Bhubaneswar. Therefore, attending the Court can by no stretch of imagination be treated as causing undue hardship on him. As already stated, the power under Section 205 is not meant to be used routinely but only when circumstances so demand. In view of what has been stated hereinbefore, this Court finds the circumstances not justifying exercise of such power by the Court. To such extent therefore, this Court finds no infirmity much less any illegality in the impugned order so as to interfere. Application disposed off.
|