Application for exemption filed much before appearance of accused in Court - Power of exemption under S. 317 to be exercised at any stage by Magistrate despite prior appearance in Court - application allowed considering the distance.

Citation

AIR 2018 SUPREME COURT 1435

SUPREME COURT

(From : Patna)

A. K. SIKRI , J. and ASHOK BHUSHAN , J.

Criminal Appeal No. 387 of 2018 (arising out of SLP (Crl.) No. 6786 of 2017), D/- 16 - 3 - 2018

Rameshwar Yadav and Ors. v. State of Bihar and Anr.

(A)Criminal P.C. (2 of 1974), S.205, S.317 - Personal appearance before Court - Exemption

from - Application for exemption filed much before appearance of accused in Court - Power

of exemption under S. 317 to be exercised at any stage by Magistrate despite prior appearance

in Court - High Court dismissing application without taking into consideration date of filing

exemption application and power under S. 317, erroneous.

 (Paras 10 , 11) 

(B)Criminal P.C. (2 of 1974), S.205 - Personal appearance before Court - Exemption from -

Application filed by accused on ground that distance between his residence and place of Trial is

1750 kms. - Rejection of application by Magistrate on ground that accused not suffering from

any disease to restrain him from appearing before Court and other invalid grounds - High Court

without taking into consideration valid grounds dismissing application, improper - Accused

exempted from personal appearance.

 (Paras 12 , 13 , 14)