Shyam Sunder Singhvi vs State Of Rajasthan

The petitioners by way of these criminal misc. petitions challenge the common order dated 21 st September, 2019, whereby applications for seeking

exemption from personal attendance moved by the petitioners on different grounds relating to ailment have been rejected by learned trial court and

their bail bonds have been forfeited. The petitioners have also challenged the consequential order dated 3rd January, 2020, whereby the proceedings

have been initiated under Sections 82 and 83 Cr.P.C. against the petitioners.

Learned counsel appearing for the petitioners submits that petitioners have been participating in the proceedings and were on bail. However, the

proceedings have been installed on account of awaiting progress report under Section 173(8) Cr.P.C.

Learned counsel submits that in SB Criminal Misc. Petition No.3440/2019 along with connected matters pending before the Principal Seat at Jodhpur,

an interim order has been passed restraining from filing report under Section 173(8) Cr.P.C. with regard to other accused. Learned counsel submits

that proceedings were earlier pending at Udaipur which were transferred to Jaipur Metro. Learned counsel submits that petitioners have been

presenting themselves regularly before the court and on each date, the case was adjourned for awaiting progress report under Section 173(8) Cr.P.C.

Learned counsel has handed over a list of the dates to show that the progress report has been awaiting since 13th April, 2016 and no further

proceedings have been held.

Learned counsel further submits that exemption application was moved by the petitioner on 15 th May, 2019, 6th July, 2019 and 9th August, 2019 and

the learned court had exempted personal presence on all the three dates. Similarly, an application was moved on 21st September, 2019 along with

supporting documents relating to medical ailment but the same has been rejected by the impugned order dated 21st September, 2019.

Learned counsel submits that petitioner-Shaym Sunder Singhvi in S.B. Criminal Misc. Petition No.288/2020 was suffering from spinal injury and is

completely bedridden since 17th September, 2019 and medical certificate in this regard was produced.

Learned counsel submits that petitioner-Sanjay Sethi in SB Criminal Misc. Petition No.289/2020 had moved an application seeking exemption from

personal appearance through a new counsel, who had filed his Power on 20th September, 2019 itself. Learned counsel had placed on record the

documents relating to the petitioner suffering from neurological disease and slip disc.

Learned counsel submits that in SB Criminal Misc. Petition No.290/2020, petitioner-Pankaj Gehlot had moved an exemption application along with

documents of his inability to attend the court which included medical certificate from treating Doctor dated 17th September, 2019. When the trial court

has failed to take notice with regard to the aforesaid documents and without commenting on the grounds taken for seeking exemption has proceeded

to reject the exemption application solely on the contentions raised by counsel for the Enforcement Directorate that in some other cases, warrants

have been issued to arrest the petitioners.

Learned counsel submits that in other cases filed by the Enforcement Directorate, an application under Section 70(2) Cr.P.C. was moved which was

rejected and the same has been challenged before this court and judgment is reserved. It is also submitted that cognizance order was also challenged.

The case was argued before the Coordinate Bench and judgment has been reserved since 29th November, 2019 and result thereto is awaited. In view

thereof, the trial court ought not have taken into consideration the proceedings relating to other case as the said case was not before it along with

present cases. The cognizance relating to another case and ordersheet relating to other case could not have been made as a ground to reject the

exemption applications.

Learned counsel submits that petitioners are ready to participate and cooperate in the proceedings which are going-on before the trial court and there

is no reason for the petitioners to abscond and therefore, there was no occasion to initiate the proceedings under Sections 82 and 83 Cr.P.C. by the

trial court.

Learned Public Prosecutor has objected the petitions and submitted that result of the case which is reserved will have its own effect and if the petition

is rejected, the petitioners would have to be declared as absconder in the said case.

I have considered the submissions.

While it is true that in other case, an application under Section 70(2) Cr.P.C. moved by the petitioner has been rejected and the case is pending for

adjudication before this court and judgment has been reserved, it is settled law that proceedings in some other cases would not be a ground for

rejection of exemption application. The application for seeking exemption of attendance, has to be examined on its own facts and grounds given in the

exemption application would have to be taken into consideration and after applying mind on the grounds taken if the court finds that there is a genuine

reason for not attending the proceedings, the exemption applications may be allowed otherwise it may be rejected. However, this court finds that by

the impugned order, the concerned learned trial court has failed to take into consideration the grounds taken in the exemption applications and has

proceeded on extraneous consideration with regard to other case which was not before it.

In view thereof, the order passed by the trial court dated 21 st September, 2019 rejecting the exemption applications is found to be illegal and

unjustified. Accordingly, the same is quashed and set aside. In view of setting aside the order dated 21 st September, 2019, the subsequent order dated

3 rd January, 2020 is also set aside. The petitioners shall be treated to have been exempted from attendance on the date i.e. 21st September, 2019.

However, they shall present themselves after submitting bail bonds to the satisfaction of the court on 17th February, 2020.

Accordingly, these criminal misc. petitions are disposed of. A copy of this order be placed in each connected file.