High CourtsSingle Bench(2023) 03 P&H CK 0002

Shalin Gaurav @ Gaurav Shalin vs Central Bureau Of Investigation

Punjab And Haryana At Chandigarh · Decided on 3 March 2023

HON’BLE JUDGES
Anoop Chitkara, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 11074 Of 2023

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Judgment

6 paragraphs · 245 words

Anoop Chitkara, J

The limited prayer for which the peoner has come up before this Court to seek exempon from personal appearance before the t rial Court on the ground that he is resident of Ranchi, Jharkhand and he is unable to aend trial Court on each and every date because distance is so long and he has to spend a lot of money on every date.

The nature of the order this Court proposes to pass, no noce is required to be issued to the respondent-CBI because no prejudice is likely to cause to anybody.

At this stage, counsel for the peoner submits tha t he would not claim any prejudice in case witnesses are examined in his absence or proceeding recorded in his counsel presence.

Given the statement of counsel for the peoner, on      this ground alone, the present peon is allowed. The peoner is exempted from personal appearance before the trial Court and is permied to appear through c ounsel on all dates except at the me of recording of statement under Secon 313 CrPC, fo r his evidence in defence if he wants to appear and at the me of pronouncement of final j udgment. It is clarified that the peoner-accused shall not claim any prejudice in t his regard in any Court. It is further clarified that the peoner shall not take any adjou      rnment before the trial Court except of exceponal circumstances.

Pending applicaons, if any, stand disposed of.