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(ii) Because it was absurd to order the petitioner / accused to appear at recall after passover as he had already informed on VC that he was in Patial House Courts attending to the life-

threatening serious matter and it was not known to the petitioner / accused in advance how much time the Court till take. The main counsel for accused was ill, however, the Ld. Trial Court did not take the medical prescription on record, did not record the appearance of the associate of the main counsel but directed the main counsel to appear after passover, assuming without any basis that the main counsel could do so but was avoiding appearance for some reason. In these circumstances, the Ld. Trial Court went ahead and incorrectly recorded that the petitioner / accused did not appear on passover and also that no counsel appeared on his behalf. The Digitally Amit Vashisht Vs State of NCT of Delhi signed by CR No. 1717/2024 SUSHIL KUMAR KUMAR Date:

2024.11.23 16:15:29 +0530 Ld. Trial Court instead of ordering after passover should have atleast set the matter for 02:00 PM or 3:30 PM.
(iii) Because the petitioner / accused and his counsel did all that they could possibly do in the grave and unavoidable circumstances. The main counsel could not possibly appear on recall after the passover and describe previously, the petitioner / accused also could not physically appear in time, after appearing on VC initially.