In a landmark decision, the Supreme Court asserted the rights of the accused by declaring that they can be exempted from appearing in person before the court even before the grant of bail. This ruling, delivered by Justices Sanjiv Khanna and SVN Bhatti, challenges the notion that exemption from personal appearance is only applicable post-bail.
The case arose from the plea of an appellant/accused whose request for exemption from personal appearance was denied by the trial court, citing a lack of provision for such exemption prior to obtaining bail.
The Supreme Court clarified that there exists no provision in the Code of Criminal Procedure mandating the accused to secure bail before seeking exemption from personal appearance. Justice Sanjiv Khanna, in authoring the judgment, emphasized that the power to grant such exemption should not be narrowly construed, but rather exercised liberally based on the facts and circumstances of each case.
Drawing from precedent, the court referenced the case of Maneka Sanjay Gandhi and Another v. Rani Jethmalani, underscoring the importance of a flexible approach in granting exemptions when warranted.
Furthermore, the court highlighted Section 205 of the Cr.P.C., which allows magistrates to exercise discretion in dispensing with the personal attendance of the accused, permitting them to appear through their pleader.
This ruling stands as a testament to the judiciary’s commitment to ensuring fairness and equity in the legal process, upholding the rights of the accused while maintaining the integrity of the law.
Loading...
Reload document 
Open in new tab 
