STATE OF RAJASTHAN Vs. DEVI SAHAI

JUDGEMENT

(1.) VERY important question of law has been raised by Biri Singh, the learned counsel for the respondents. Ordinarily the sentences are suspended and some benches of this court have adopted a method that the accused should remain present after submission of the bail bonds on a particular date fixed by the registry. The case is not listed before the court and even the case is not shown in the causelist. Generally, the practice is that the accused whose sentence has been suspended or who has been granted bail puts his personal appearance before the clerk and leaves the registry. He is not expected to appear in person thereafter. All cases are heard in the absence of the accused and he is represented by a counsel.

(2.) MR. Biri Singh raised the following questions (i) is it necessary that the accused should remain present in person before the clerk of the registry after suspension of the sentence ? (ii) is it not necessary to fix a date and to show the time in the cause list of accused's presence is at all necessary ? (iii) whether the presence of accused is necessary at all ?