Criminal Procedure Code, 1973, Section 205, 317 -- Exemption from personal appearance - Application filed by accused prior to his appearance in Court - Exemption sought on the ground that distance between residence of accused and place of trial is 1750 kms - A-3 was a business man and A-4 was a student - Sufficient grounds made out for granting exemption from personal..........
Criminal Procedure Code, 1973, Section 88 -- Provision of S.88 of the Code does not confer any right on any person, who is present in a Court - Discretionary power given to Court is for the purpose and object of ensuring appearance of such person in that Court or to any other Court into which the case may be transferred for trial...........
Criminal Procedure Code, 1973, Section 88 -- Bond for appearance - "any person" - Has to be given wide meaning, which may include persons, who are not even accused in a case and appeared as witnesses...........
Criminal Procedure Code, 1973, Section 88 -- Bond for appearance - Non-bailable warrant of arrest as well as proceeding of Ss.82, 83 Cr.P.C. already initiated against accused - Accused was not a free agent whether to appear or not - He was thus, not entitled to benefit of S.88 Cr.P.C. - Accused held, rightly not entitled to be released on acceptance of bond u/s 88 Cr.P.C...........
Criminal Procedure Code, 1973, Section 41A -- Notice of appearance - Petitioner had at no time appeared in person before I.O/Economic Offences Wing (EWO) and sent response through an advocate - No reason as to why petitioner not appearing before EWO especially in terms of S.41-A Cr.P.C. - Petitioner directed to appear before I.O to join investigation...........
Criminal Procedure Code, 1973, Section 301 -- Sessions trial - Appearance by Public Prosecutor - In Sessions trials, case against accused is to be prosecuted only by Public Prosecutor and not by counsel engaged by aggrieved private party...........
Criminal Procedure Code, 1973, Section 301 -- Appearance by Public Prosecutor - In Magistrate's Court anybody (except police officer below the rank of inspector) can conduct prosecution, if Magistrate permits him to do so - Once permission is granted, person concerned can appoint any counsel to conduct prosecution on his behalf in Magistrate's Court...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Gravity alone cannot be decisive ground to deny bail - Rather, competing factors are required to be balanced by Court while exercising its discretion - Object of bail is to secure appearance of accused at the trial - Object of bail is neither punitive nor preventative...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Case was fixed for defence evidence - Complainant was duly represented by counsel, but his counsel has also failed to put in appearance for which complainant may not be held liable directly - Rather, absence of complainant,..........
Criminal Procedure Code, 1973, Section 256, 246 -- Dismissal of complaint at the stage of S.246 Cr.P.C - Absence of complainant - Appeal against dismissal of complaint is pending from last 30 years - Complainant did not take any interest in proceeding of case and adopted lethargic attitude towards case - Nothing on record which may spell on fact that witnesses were being..........
