When Personal Appearance Of Accused Is Not Indispensable, Granting Exemption May Facilitate Effective Disposal Of Trial: Punjab & Haryana HC

The Punjab and Haryana High Court has granted exemption from personal appearance to a British citizen involved in a criminal case, observing that applications for exemption should be decided liberally.

Justice Sandeep Moudgil said, "The Courts are empowered to impose any other condition which they may deem fit and proper in the facts and circumstances of the case in the interest of justice. For example, if the trial is being delayed on account of the absence of the accused when the witnesses are required to identify him, the accused can be directed to be present for this purpose. If the Courts become liberal in granting exemption from personal appearance, it would reduce the avoidable footfall in the Courts and would facilitate the effective dispose of the trial. The Courts should only order appearance of the accused when it becomes indispensable."

These observations were made while hearing the plea challenging the order whereby plea for granting exemption from personal appearance of accused in a criminal trial was rejected.

It was argued by the counsel for the petitioner that she had filed an application under Section 205 Cr.P.C. on the grounds that she is a British citizen with a British passport and is on regular bail. The counsel also argued that the petitioner-accused is an elderly woman who needs ongoing medical monitoring due to a number of illnesses.

After hearing the submissions, the Court noted that Sections 205 and 317 of the Code bestow the discretion upon the Courts to exempt an accused from personal appearance at all stages of the proceedings in the trial in appropriate cases.

However, the same cannot be claimed by an accused as a matter of right, it added.

Perusing Sections 205 and 317 of CrPC, the Court said, "The Court has the power to order the personal attendance of the accused if it becomes indispensable at a later stage."

Justice Moudgil highlighted that, "the trial Court should exercise the powers conferred on it under Sections 205 and 317 generously and liberally and grant exemption from personal appearance, except in a case where the presence of the accused is imperative, especially when demanding personal appearance would cause serious strain and inconvenience."

The idea behind taking a liberal approach towards granting exemption from personal appearance is to allow the case to be tried expeditiously, the judge added.

The bench further elucidated that the trial Court should ensure that on being granted such relief, the accused gives an undertaking to satisfy the Court that he would not dispute his identity as an accused in the concerned case, that his counsel would be present in the Court on his behalf, that he has no objection to a plea being recorded on behalf of a counsel and that he has no objection to recording of evidence in his absence.

Consequently, the Court exempted the petitioner from personal appearance and subject to certain conditions.

Mr. Harsh Chopra, Advocate for the petitioner.

Mr. Sukhsandesh Singh Chahal, AAG, Punjab.

Title: DILJIT KAUR v. STATE OF PUNJAB

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