NUSHRAT JAHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the learned counsel for the State.

(2.) The learned counsel for the petitioners confined the prayer in the present application to the impugned order dated 24.9.2003 by which the prayer of the petitioners under Section 205 of the Code of Criminal Procedure has been rejected.

(3.) From the impugned order dated 24.9.2003 rejecting the prayer under Section 205 of the Cr PC, it is apparent that the Court has not applied to the relevant considerations applicable while considering the application for dispensing with personal attendance of the petitioners. The law in this regard is well settled by this Court as also the Supreme Court and needs no reiteration. The Court below while considering an application under Section 205 of the Cr PC has to record reasons why it considers that the benefit be not granted to the accused. The mere fact that bailable warrants have been issued against the petitioners would not per se debar; the maintainability of an application under Section 205 of the Cr PC. The. present order does not show any application of mind for the reasons as to why such relief could not be granted to the petitioners. The impugned order dated 24.9.2003 is therefore, not sustainable in law. The order is accordingly, quashed.