Code of Criminal Procedure, 1973 – s.205 – Appellant is
accused no.3 in the case pertaining to the charge-sheet bearing
C.C. No. 12 of 2013 pending before the Principal Special Judge
for CBI Cases, Hyderabad – Granted bail – However, pursuant to
the directions issued by the High Court, the appellant is required to
attend the Trial Court on every Friday – Appellant made application
before the Trial Court u/s.205 for dispensing with his personal
appearance/attendance –Dismissed – Confirmed by the High Court
– On appeal, held: Appellant, a permanent resident of Delhi, is the
Director on the Boards of several companies and has been appearing
before the Trial Court on each and every Friday since 2013 –
Distance between Delhi and Hyderabad is approximately 1500 kms
– Nothing is on record that at any point of time he has tried to delay
the trial – In view of principles for grant of exemption as observed
by Supreme Court in Bhaskar Industries Ltd. Case, the appellant can
be granted the exemption on certain conditions and on filing an
undertaking, by which the interest of justice can be protected and
grant of exemption may not ultimately affect the conclusion of the
trial at the earliest – Further, in case of other two co-accused in
cases arising of the same FIR, the applications for exemption on
the very same grounds were allowed, one by the High Court and
another by the Trial Court – Judgment passed by the High Court as
well as the Trial Court rejecting the appellant’s application u/s.205
are quashed and set aside – Thus, application of the appellant for
dispensing with his appearance before the Trial Court on all dates
of adjournments and permitting his counsel to appear on his behalf
is allowed, conditionally – Penal Code, 1860 – s.120-B r/w ss.420,
409 – Prevention of Corruption Act, 1988 – ss.9, 12, 13(2) r/w
13(1)(c) and (d).