S.205 CrPC | Court Can Exempt Accused From Personal Appearance Before Grant Of Bail : Supreme Court

The Supreme Court on Wednesday (May 1) observed that even before the grant of bail, the accused can be exempted from showing his personal appearance before the court.

“The observation (of the High Court) that there is no provision for granting exemption from personal appearance prior to obtaining bail, is not correct, as the power to grant exemption from personal appearance under the Code(Code of Criminal Procedure) should not be read in a restrictive manner as applicable only after the accused has been granted bail.”, the bench comprising Justices Sanjiv Khanna and SVN Bhatti said.

The aforesaid observation of the court came while deciding the plea of the appellant/accused whose application seeking an exemption from personal appearance was rejected by the trial court stating that there's no provision for granting an exemption from personal appearance before obtaining bail.

Since the appellant was not on bail therefore the exemption from personal appearance wasn't granted to the appellant/accused.

At the outset, the court observed that there's no provision in the Code of Criminal Procedure requiring the accused to take bail before seeking exemption from personal appearance before the court.

The Judgment authored by Justice Sanjiv Khanna noted that the power to grant exemption from personal appearance under the Code should not be read in a restrictive manner as applicable only after the accused has been granted bail.

In support of granting exemption to an accused from personal appearance before the court, the court took reference to the Judgment of Maneka Sanjay Gandhi and Another v. Rani Jethmalani, where the court held that the power to grant exemption from personal appearance should be exercised liberally when facts and circumstances require such exemption.

Further, the court said that the magistrate, while exercising his discretionary powers under Section 205 of Cr.P.C. may dispense with the personal attendance of the accused while issuing summons and allow them to appear through their pleader.

“Section 205 states that the Magistrate, exercising his discretion, may dispense with the personal attendance of the accused while issuing summons, and allow them to appear through their pleader.”, the court said.

Also From the Judgment: Chargesheet Must Contain Clear & Complete Entries, Specify Role Of Each Accused; Witness Statements Be Enclosed With It: Supreme Court

Non-Bailable Warrants Shouldn't Be Issued Unless Accused Charged With Heinous Crime Is Likely To Abscond Or Destroy Evidence: Supreme Court

Case Title: Sharif Ahmed and others vs State of Uttar Pradesh, VAKIL AHMAD & ORS. VERSUS STATE OF UTTAR PRADESH THROUGH SECRETARY, DEPARTMENT OF HOME & ANR.

Citation : 2024 LiveLaw (SC) 337

Click Here To Read/Download The Judgment