DAYANAND Vs. STATE

JUDGEMENT

(1.) THIS criminal misc, petition arises out of an order whereby the lower court did not consider petitioner's application dated 14.3.1991 for exempting him from personal, attendance and allowing him to appear through his counsel and observed that it is not of an urgent nature and therefore, order to place the application for its consideration on the next date fixed in the case, which is said to be 3 -4 -1991.

(2.) ADMITTEDLY , the petitioner had been exempted from personal attendance and allowed to appear through his counsel, and undisputedly criminal case relates back to the incident alleged to have been committed in the year 1978, and more than 7/8 persons are involved in the case inasmuch as the charges are yet to be framed. The petitioner is said to be going to Iraq and have purchased air tickets by spending huge amount. Photo state copies of air tickets have been shown to this Court. Mr. Naruka also relied upon the decision of this Court in Mahesh and Laxmi Narain v. State 1980 Raj. Cri. Cases p. 379 wherein the accused moved application for exemption from personal attendance at the time when the charge was to be framed against him, and this Court held that the presence of the accused not necessary at the time when the charge was to be read over and that the charge could be read over to the counsel forthe accused.

(3.) HAVING benefited by the enlightments derived from the above decision, and keeping in view the fact that in the case at hand, earlier also the petitioner had been allowed to appear through his counsel and only because of lawyer's strike, neither his counsel nor the petitioner, himself, could appear, the petitioner has to present in court, and further the fact that the case relates back to the incident of 1978 wherein still the charge has yet to be framed, therefore, there was no emergent situation to keep the application for exemption pending in view of emergent cause for the petitioner to go out of country on account of visa period, I am of the opinion that this cr. misc. petition deserves to be allowed.