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Sabarmati Gas Limited vs Shah Alloys Limited on 4 January, 2023

18. The burden to show that there was a sufficient cause for non-appearance was upon the accused person. The word 'sufficient cause' has been defined by the Hon'ble Apex Court in the case of Sabramati Gas Limited Vs Shah Alloys Limited reported in 2023 LiveLaw (SC) 9 /2023 IN SC 10) where the Apex Court in paragraph No. 25 held that ''sufficient cause is the cause for which party could not be blamed". The contention of accused is that he met with accident and hence he was unable to attend the court, however failed to produce any substantial documents before the court as such supporting medical documents. Once the accused is enlarged on bail, the appearance of the accused till the disposal of the criminal case is mandatory and the evidence of PW1 to PW3 remained unchallenged on the ground of informing his counsel and failed to engage the service of State Legal Aid. This court cannot impose the accused to accept the counsel from the Legal Aid 9 KABC030072642022 CC 2014/2022 when he was taking the time to send his private counsel to appear on his behalf. Considering his long non-appearance in SC No.91/2018 , it is clear that he caused delay to the proceedings.
Supreme Court of India Cites 40 - Cited by 11 - C T Ravikumar - Full Document
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