Noorjahan vs T.T. Moideen And Ors. on 27 June, 2000
9. Ld. Counsel for the revisionist Sh. Mahavir Sharma who had
been the counsel for the accused since beginning has undertook that the
ld. Trial Court may proceed with the case in the absence of accused as the
identity of the accused is not disputed and the accused may be exempted
permanently during trial through counsel Sh. Mahavir Sharma or may be
exempted on each date on filing of application for personal exemption
through counsel explaining the health condition and inability to attend the
Court. The Court appreciate the zeal of the ld. Trial Court for providing
speedy justice in this case as the case is an old one. The case law on this
aspect is also crystal clear as the Hon'ble High Court of Delhi in 1968
Delhi 2002 (v.55 c.52) has categorically ruled that "In summons cases
personal appearance of the accused can be dispensed with under Sec.205
of the Cr.P.C. at all future stages of the trial (including the stage of
examination of the accused and of pronouncement of judgment) unless it
become necessary to send the accused to jail in default of payment of fine
which the Court might impose on her in the event of the accused being
convicted of the offence for which the accused was being tried". Even the
CR No. 33/15 Gurdial Singh Vs. State Page No. 13 of 16
...14/
personal appearance of the accused U/S 317 Cr.P.C. can be exempted in
warrant cases as the Hon'ble High Court of Kerala in 2000 Crl.L.J 4264
in case entitled as Noorjahan Vs. T.T. Moideen has ruled that "The
Court has the discretionary power to exempt the personal appearance of
the accused U/S 317 Cr.P.C. even in warrant cases and to have the plea
of the counsel recorded for and on behalf of the accused, when he is
specifically authorised for the purpose and in appropriate cases. If after
considering all the aspects of the case, the Court holds that the personal
attendance of the accused is not essential, the Court can dispense with
the personal attendance of the accused and the plea of the counsel can be
recorded and on the basis of such plea, the Court can either convict the
accused or proceed with trial".