The court emphasized the need for the accused's presence in criminal trials but also highlighted the discretion to grant exemption, especially in trivial or technical cases, citing relevant case law to support the liberal granting of exemptions.

( 1 ) THESE revisions are under section 397 read with Sections 401 and 482 of the Cr. P. C.

( 2 ) BOTH the revisions have one subject matter, hence they are being decided by one order. A copy of the order be tagged with other file.

( 3 ) THE accused is a General manager, Vindhyachai Super Thermal prcject/ntpc Ltd. Vindhya Nagar. District sidhi. The respondent No. 2 had filed complaint under provisions of Sections 25-26 inter State Migrant Workmen (RECS) Act, 1979 and the said complaint was registered by (he Court of Judicial Magistrate 1st Class, waidhan (Baidhan), Singrouli, District Sidhi. The Case No. is 65/2006. The other case is under Sections 23 and 24 of the Contract labour (Regulation and Abolition) Act, 1970. The Case No. is 67/2006.

( 4 ) THE applicant had filed exemption applications in both the original cases before the lower Court under Section 205, Cr. P. C. for exemption from personal appearance. The trial Court by its orders dated 2-3-2006 kept the applications pending stating that so long the accused does not register his personal appearance his applications cannot be considered.

( 5 ) PARTIES heard, record perused.

( 6 ) ON persual of the record appears that the petitioner was arrayed as accused by virtue of his post and he is not personally involved in the crime as such. The nature of offences alleged are neither heinous nor offences involving moral turpitude. They are just technical offences. The applicant is general Manager and is solely responsible for production, distribution and other works of power generation. His presence at the office and site is very much needed,. The applicant was issued summons under Section 205, Cr. P. C. at the first instance therefore, the trial Magistrate did not make his appearance compulsory or essential in the: matter. Perhaps the trial Magistrate carried an impression that any person who is summoned as an accused in a case should for the first time appear in person and only then he should submit bail bonds as ordered by the court and after completion of such formalities the Court may consider for exemption from appearance. Perhaps it is a common notion among Judges, that is why the trial court kept the application pending in anticipation of appearance of the applicant.

( 7 ) THE basic rule of Jurisprudence is the trial should be in the presence of the accused, is no doubt mainly for the protection of the interest of the accused. It is an essential principle of Criminal law that the trial of an indictable offence has to be conducted in the presence of the accused. This principle is embodied in Section 273 of the Cr. P. C. But at the same time that Section itself speaks about appearance of the accused through his counsel also. The discretion under this Section has to be exercised in a judicial manner and keeping in view of line circumstances of the case. Where the accused is not likely to abscond and the complainant is not prejudiced if exemption was granted, then it is a fit case for granting exemption. In the case of Halen Rubber industries v. State of Kerala, 1972 Ker LT 794 : 1973 Cri LJ 262, it was held that in all trivial and technical cases when accused are ladies, old and sick persons, workers in factories, daily wage earners, other labourers, and busy business people or industrialists, discretion under the Section should be exercised liberally. In fact Courts should be in exercising such power. The applicant is General Manager of the Government owned company and the offence is a technical one and there is absolutely no likelihood of his being abscond.

( 8 ) IN the case of Ajit Kumar Chakraborty v. Serampore Municipality, 1989 Cr LJ 523 (Cal) it was held that an accused need not personally appear and then seek exemption from personally appear and then seek exemption from personal apperance. The section 205 permits that the Magistrate, when he issues summons, can grant exemption from personal appearance. Insistence of the appearance of the accused for seeking exemptio

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