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PUNEET DALMIA vs. CENTRAL BUREAU OF INVESTIGATION, HYDERABAD

SCR Citation: [2019] 15 S.C.R. 134
Year/Volume: 2019/ Volume 15
Date of Judgment: 16 December 2019
Petitioner: PUNEET DALMIA
Disposal Nature: Appeal Disposed Off
Neutral Citation: 2019 INSC 1379
Judgment Delivered by: Hon'ble Mr. Justice M.R. Shah
Respondent: CENTRAL BUREAU OF INVESTIGATION, HYDERABAD
Case Type: CRIMINAL APPEAL /1901/2019
Order/Judgment: Judgment
1. Headnote

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).

2. Case referred
3. Act
  • Code Of Criminal Procedure, 1973 (2 of 1974)
  • Indian Penal Code, 1860 (45 of 1860)
4. Keyword
  • Prevention of Corruption Act
  • 1988 – ss.9
  • 12
  • 13(2) r/w 13(1)(c) and (d); Code of Criminal Procedure
  • 1973 – s.205; Penal Code
  • 1860 – s.120-B r/w ss. 420
  • 409;
5. Equivalent citation
    Citation(s) 2020 AIR 214 = 2020 (12) SCC 695 = 2020 (12) Suppl. SCC 695 = 2019 (12) JT 435 = 2019 (12) Suppl. JT 435 = 2020 (1) SCALE 26