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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S.RAMESH, N.SENTHILKUMAR, JJ
Mohammed Faruk – Appellant
Versus
Union Of India, Rep. By Its Investigation Officer – Respondent
JUDGMENT :
M.S. RAMESH, J.
1.1. The brief facts of the case are as follows :-
1.2. The appellant herein has been arrayed as the 11th accused in Spl.S.C.No.20 of 2022, which is pending trial before the Special Court under the National Investigation Agency Act, 2008, Sessions Court for Exclusive Trial for Bomb Blast Cases, Chennai at Poonamallee, Chennai (hereinafter referred to as 'the Special Court'), wherein he has been charged of having committed the offences under Sections 153(A)(1)(B), 341, 294(b), 302, 302 r/w 109, 212 of Indian Penal Code (IPC) under Sections 18, 16(1)(a) under Unlawful Activities (Prevention) Act.
1.3. When the case was listed for trial on 30.01.2025, the appellant had filed a petition under Section 317 of the Criminal Procedure Code (Cr.P.C.) in Crl.M.P.No.73 of 2025, to condone his absence on the ground of ill-health.
1.4. The Special Court had, in its order dated 30.01.2025, recorded that about 65 witnesses were examined during the course of trial, which commenced on 01.12.2021 and except A11, A1 to A13 were present, apart from three witnesses, who could not be examined on that day due to the absence of A11. It was further recorded therein that the appellant h
Discretionary powers of trial courts must be exercised judiciously, balancing individual liberty and public interest, particularly in the issuance of non-bailable warrants.
The court outlines guidelines for issuing warrants, emphasizing personal liberty and conditions for representation by counsel in criminal proceedings.
Judicial discretion under Section 205 Cr.P.C. allows personal appearance exemptions in summary proceedings, ensuring fair trial processes while accommodating the accused's circumstances.
Issuance of non-bailable warrants must be justified by sufficient reasons; personal liberty must be balanced with societal interests, especially during extraordinary circumstances.
The Court emphasized the need to balance societal interest and personal liberty when issuing NBWs, especially considering the impact of the COVID-19 pandemic on travel.
The judgment emphasizes the need for courts to exercise discretion judiciously when issuing warrants, considering the principles of personal liberty and societal interest.
Examination of witness – While normal rule is that evidence in a criminal trial must be recorded in presence of accused evidence of witnesses can be recorded in presence of Counsel for accused even i....
Non-bailable warrants should not be issued unless the accused is likely to evade the law or tamper with evidence; summons or bailable warrants are preferred initially.
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