Law: Criminal Procedure Code (V of 1898)

Section: 540, 537

(a) Criminal Procedure Code (V of 1898)  Ss. 540-A & 537-Exemption from personal appearance-- Reasons for exemption not recorded--Failure to record such reasons, held, irregularity curable under S. 537, Cr. P. C.-[Exemption from personal appearance]. (b) Criminal Procedure Code (V of 1898) S. 540-A---Exemption from personal appearance--Words and phrases-Words "incapable of remaining before the Court"--To be interpreted benevolently--Person on bail, whose presence for judg ment can be ensured and has to go abroad for any personal work or even for pleasure trip or to resume employment abroad--Case of such person, held, falls within scope of S. 540-A.-[Words and phrases--Exemption from personal appearance]. The words "incapable of remaining before the Court" would cover the case of a person on bail whose presence for judgment can be ensured, and who has to go abroad for any personal work or even for a pleasure trip or to resume his employment abroad, during the course of a trial, particularly when he has faced the trial for more than two and a half years and the conclusion of the trial is nowhere near in sight. If it was to be interpreted in any other manner, it would mean that a person once brought to a Court on trumping up any accusation, could be detained or confined indefinitely in a city and his entire pursuits in life crippled even before he is found or proved guilty. The intention is to ensure a free and fair trial, and if the presence of an accused at the time of judgment can be ensured, the ends of justice and requirements, .of law are well met. (c) Criminal Procedure Code (V of 1898) S. 540-A-Exemption from personal appearance-Accused on bail, praying for permission to be represented through a counsel- Such request to be granted generously-[Exemption from persona] appearance]. If an accused on bail prays for a permission to be represented through a counsel, the request should be generously granted, as there is no compelling legal necessity to force an accused to attend in person instead of being represented through a counsel. By granting such a permission, unnecessary overcrowding in Court, humilia tion and the forced…