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PRANAY VERMA
SUDESH KUMAR – Appellant
Versus
STATE OF Madhya Pradesh – Respondent
ORDER :
1. Heard on the question of admission. This criminal revision under section 397 read with section 401 of the Code of Criminal Procedure has been filed being aggrieved by the order dated 27-9-2023 (Annexure P/1) passed by the learned First Additional Sessions Judge, District Dewas (M.P.) in S. T. No. 425/2015 by which the application filed by the applicant under section 70(2) of the Cr.P.C. has been rejected.
2. The brief facts of the case are that the respondent had registered an FIR at Crime No. 80/2015 for the offences punishable under sections 419, 420, 468, 471 and 120 of the Indian Penal Code and section 3/4 of the Madhya Pradesh Recognized Examinations Act, 1984 against the present applicant and other co-accused persons. The charge-sheet has been filed and the trial is pending before the learned Sessions Judge, Dewas.
3. On 15-9-2023, the matter was fixed for appearance of the present applicant but due to illness, he could not personally remain present before the Court and he appeared through his counsel and filed an application under section 317 of the Cr.P.C. for condonation of his absence. The said application was rejected by the trial Court and an arrest warrant was
The court ruled that personal presence of the accused is not required for the cancellation of an arrest warrant under section 70(2) of the Cr.P.C., and applications should be considered on their meri....
Mere absence of the petitioner on one date of hearing due to illness cannot be construed as evading arrest in another case. Warrants of arrest cannot be issued without exhausting other methods of sec....
The court established that an accused must be present for sentencing to ensure a fair hearing, as mandated by law.
Accused shall be heard before passing sentence in all criminal cases notwithstanding procedure to be adopted in trying the cases.
The court emphasized the importance of following procedural requirements in criminal cases, particularly regarding the execution of sentences and the rights of the accused to appeal.
The court reinforced the importance of procedural fairness in the context of appeals and the execution of warrants under the Cr.P.C.
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