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PANKAJ BHATIA
Mohammad Saquib Khan – Appellant
Versus
Directorate Of Enforcement – Respondent
JUDGMENT :
Hon'ble Pankaj Bhatia,J.
1. Heard Sri Tamjeed Ahmad assisted by Sri Shailendra Yadav the counsel for the applicant and Sri Shiv P. Shukla who appears for the Enforcement Directorate.
2. This application under section 482 Cr.P.C. has been filed challenging the order dated 24.06.2024 whereby the application filed by the applicant under section 317 Cr.P.C. was rejected mainly on the grounds that the applicant had himself given the bond of undertaking under section 88 Cr.P.C wherein he had undertaken to appear on all the dates, the application could not be considered and further no charge has been framed till date.
3. While considering the application of the applicant in respect of inconvenience caused on account of distance of travel in between the residence and the court, the court observed that in the application under section 88 Cr.P.C., the applicant had undertaken to be present on all the dates. It was further recorded that the applicant has not been granted bail and was only granted the benefit under section 88 Cr.P.C.
4. The submission of the counsel for the applicant, in brief, are that in ECIR Case, complaint was filed by the E.D. without arresting the applicant in Octo
The court emphasized that the power to grant exemption from personal appearance under Sections 205 and 317 Cr.P.C. should be exercised liberally, especially when the accused has undertaken to appear ....
The court has discretion to exempt an accused from personal appearance based on individual circumstances, particularly health and age, ensuring trial efficiency.
Exemption from personal appearance – Discretion to dispense with personal appearance should be exercised in rare cases but still it would be allowed to those accused who could not come to court due t....
The court ruled that the exercise of judicial discretion under Section 205 of the Code of Criminal Procedure must consider the age and health of the petitioner when deciding on personal appearance ex....
Judicial discretion under Section 205 Cr.P.C. must balance an accused's personal circumstances against case seriousness; exemption from appearance can be granted if sufficient cause is shown.
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.
The main legal point established in the judgment is the interpretation and application of Section 205 of the Code of Criminal Procedure in granting exemption from personal appearance based on the ser....
Repeated non-appearance of the accused, failure to obtain bail, and the legal provisions related to issuance of Non-Bailable Warrants were crucial in justifying the NBWs.
Point of Law : Provisions requiring the presence of the accused which mandate that the trial be held in his presence are enacted for the benefit of the accused.
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