accused Bindeshwari Sharma was present and others three were
represented under Section 317 CrPC. Custodial accused, Narendra Rai
@ Jyot Rai was produced ... allowed to be represented in accordance with Section 205 CrPC or
under Section 317 CrPC, he will have to give
submission of the learned counsel that though appellant was
represented under Section 317 Cr.P.C. during course of evidence
of PW.2, his identification ... coupled with nature of the
offence which Section 205 Cr.P.C. as well as Section 317 Cr.P.C.
properly deals with Section
accused Bindeshwari Sharma was present and others three were
represented under Section 317 CrPC. Custodial accused, Narendra Rai
@ Jyot Rai was produced ... allowed to be represented in accordance with Section 205 CrPC or
under Section 317 CrPC, he will have to give
accused Bindeshwari Sharma was present and others three were
represented under Section 317 CrPC. Custodial accused, Narendra Rai
@ Jyot Rai was produced ... allowed to be represented in accordance with Section 205 CrPC or
under Section 317 CrPC, he will have to give
petitioner that the composite order rejecting the
representation petition filed under Section 317 Cr.P.C
and cancelling the bail bond is non permissible ... procedure prescribed therein, if it
does not dispenses with his personal attendance.
A Magistrate while rejecting a representation
4
under Section 317
also been submitted that in
terms of sub-section (2) of Section 317 Cr.P.C., the learned Lower
Court was not competent enough ... such exception as provided under Section 205 of
the Cr.P.C. as well as under Section 317 of the
permissible. For better appreciation para-16 is reproduced:-
" Section 317 Cr.P.C. provide for inquiries and
trial being held in the absence ... follow the procedure prescribed therein, if it
does not dispenses with his personal
attendance. A Magistrate while rejecting a
representation under Section 317
paragraph happens to be para-16 which
goes like this:
" Section 317 Cr.P.C. provide for
inquiries and trial being held ... procedure prescribed therein, if it
3
does not dispenses with his personal attendance.
A Magistrate while rejecting a representation
under Section 317
whereby and whereunder, a petition
purported under Section 317 Cr.P.C. filed on behalf of petitioner
stood rejected and further, with its ultimate consequences ... taken up or tried
separately."
9. From Sub-section-1 of Section 317 Cr.P.C., the
first requirement for dispensing with physical appearance
identified by him. As other accused persons we re
represented under Section 317 Cr.P.C. hence on account
thereof, the claim of identification ... physically present on that day and were represented under
Section 317 of the Cr.P.C. waiving their dispute over
identification, is also a matter
