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TMI Blog2022 (12) TMI 274X X X X Extracts X X X X X X X X Extracts X X X X ..... r exempting him from personally appearing before the trial court on each and every date of the said criminal proceeding on 9th March, 2021. Subsequently, on 31st March, 2022 he filed a supplemental application to the original application under Section 205 of the Cr.P.C annexing certain documents in support of his prayer. 3. It would not be out of place to mention that the aforesaid complaint was filed against three other accused persons. Remaining accused persons also prayed for exemption of personal appearance during trial on various grounds stated in their respective applications. 4. Briefly it is stated by the petitioner that the petitioner lives with his wife and three minor daughters and old, ailing parents. In order to protect the old parents and minor children the petitioner avoids exposure and crowded place in the light of the current pandemic. If the petitioner is compelled to regularly attend the court he may be exposed to dreaded virus which may in turn affect the health of his parents and children. Secondly, the petitioner is extensively involved in philanthropic activities. Thirdly, the petitioner is working as a Managing Director of a company which deals with indust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the sake of seeing him in the court. It is to enable the court to proceed with the trial. If the progress of the trial can be achieved even in the absence of the accused, the court can certainly take into account the magnitude of the sufferings which a particular accused person may have to bear with in order to make himself present in the court during trial. In support of his submission learned Senior Counsel refers to a decision of the Hon'ble Supreme Court in the case of Bhaskar Industries Ltd. vs. Bhiwani Denim & Apparels Ltd. & Ors. reported in (2001) 7 SCC 401. 7. It is further submitted by the learned Senior Counsel that the petitioner is the Managing Director of NICCO Industries Pvt. Ltd. In his application under Section 205 of the Cr.P.C he stated the grounds for which it would be highly difficult for him to appear before the trial court on each and every date of trial. Therefore, he made an application under Section 205 praying for exemption of his personal appearance. The learned trial judge only considered the issue as to whether petitioner's commitment in other business organizations would be hampered if he is directed to appear in court during trial or not. Howev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 205 of the Cr.P.C filed by four accused persons. In case of two accused persons prayer was allowed, but in case of the present petitioner the same prayer was rejected. Indisputably, petitioner resides in Kolkata. Officer of the petitioner is situated in close proximity of the trial court. There cannot be any impediment for the petitioner in attending the court of trial in order to take part in the proceeding. 11. It is further submitted by the learned Counsel for the opposite party that the ratio of Bhaskar Industries (supra) is not applicable under the facts and circumstances of the case. In the said report a complaint under Section 138 of the Negotiable Instruments Act was pending against the appellants. The appellants used to live at far distance places from the place of trial. Therefore, considering the practical inconvenience of the accused person/appellant, the Hon'ble Supreme Court allowed exemption from personal appearance. Thus, the principal laid down in Bhaskar Industries is not applicable under the facts and circumstances of this case. The learned Counsel for the opposite party next refers to a decision in the case of T.G.N Kumar vs. State of Kerala & Ors reported in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce at Kolkata who remain present during trial of the case. It is not appropriate that the trial of the case would commence and continue without physical presence of any of the accused persons. 14. Thus, it is urged by the learned Counsel for the opposite party that there is no reason to interfere with the order passed by the trial court while rejecting an application under Section 205 of the Cr.P.C filed by the petitioner. 15. Having heard the learned Counsel for the parties and on careful perusal of the impugned order as well as the precedents on the issue in hand, I like to record at the outset that Section 205 confers a discretion on the court to exempt an accused from personal appearance till such time his appearance is considered by the court to be not necessary during trial. 16. It is manifest from a complaint reading of the provision that while considering an application under Section 205 of the Code, the Magistrate has to bear in mind the nature of the case as well as the conduct of the person summoned. It is the foremost duty of the trial court to examine whether any useful purpose would be served by requiring the personal attendance of the accused or whether the progre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch he is either a office bearer or the member. On the ground that in some of the meetings the petitioner attended virtually and he did not require to leave the city. He however, failed to consider that even if he attends any such meetings in virtual mode he would not be able to appear before the trial court if the date of meeting or date of his travelling on official purpose clashes with a date of trial. The learned trial judge also failed to appreciate that no useful purpose would be served by requiring personal attendance of the petitioner and also the course of trial of the case would not hamper on account of his absence. 21. Dr. Mishra, the learned Counsel for the complainant/opposite party strenuously urged that the petitioner may absent himself in case of exigencies during trial adopting the provision under Section 317 of the Cr.P.C. 22. Section 317 of Cr.P.C is extracted below:- "317. Provision for inquiries and trial being held in the absence of accused in certain cases.- (1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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