SHRIKRISHNA RAMRAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE are applications seeking exemption from appearance in the proceedings of Criminal Case bearing R.C.C. No.329/2007 pending on file of learned Judicial Magistrate (F.C.) Court No.2, Dhule.

(2.) UPON hearing the learned advocates for the parties and on consideration of the grounds stated in the applications, it appears that the exemption is sought by the applicants from personal appearance because some of the applicants are inhabitants of Ahmedabad, some are women and some are required to attend their work at Thane, etc. The applicants would submit that original accused No.2 Narayan would attend the proceedings of the criminal case during trial until it is specifically ordered by the Court of Judicial Magistrate (F.C.) that presence of other accused is necessary for any specific purpose or recording of their statements under section 313 of the Criminal Procedure Code.

(3.) IT is well settled that the criminal proceedings cannot be used as an instrument for oppression of litigants. The applicants are ready to face the trial. They have made a categorical statement that the identity of the applicants will not be challenged during course of the trial and during the cross-examination and no objection will be taken as regards the evidence to be recorded during the trial on ground of it being recorded in their absence. So, it is not necessary that all the applicants must be made to attend each and every day notwithstanding the fact that they are not likely to abuse the liberty by jumping the bail. The learned Judicial Magistrate (F.C.) appears to have overlooked the letter and spirit of Section 205(1) of the Criminal Procedure Code. In this view of the matter, the applications are allowed. The exemption from personal appearance of the applicants, excluding original accused No.2 Narayan, is granted on terms which are embodied hereinabove. The learned Judicial Magistrate (F.C.) may, however, call upon the applicants to attend the Court at the time of recording their statements under section 313 of the Criminal Procedure Code or if it is needed for any effective purpose during the intervening stages of the trial. The applications are accordingly allowed and disposed of.