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Criminal LawSupreme Court of India

Puneet Dalmia v. Central Bureau of Investigation

Criminal Appeal · 2019 INSC 1379Decided 16 Dec 2019
Criminal Appeal No. 1901 of 2019
Justice Ashok Bhushan · Justice M.R. Shah

Background

Puneet Dalmia, an accused in a CBI chargesheet involving offences under the IPC and the Prevention of Corruption Act pending before a Special Judge in Hyderabad, had been attending trial court in person every Friday since 2013 despite living in Delhi and running several companies. He sought exemption from personal appearance under Section 205 CrPC, offering to appear only through his counsel, but both the trial court and the Telangana High Court rejected this request.

Decision Breakdown

The Supreme Court held that courts have discretion under Section 205 CrPC to dispense with an accused's personal attendance where insisting on it would cause disproportionate hardship, provided safeguards are in place. Noting that the appellant had never tried to delay the trial, already travelled roughly 1,500 km for every hearing since 2013, and that two co-accused in related matters had already been granted similar exemptions, the Court allowed the appeal and set aside the High Court and trial court orders. Exemption was granted subject to conditions: the appellant must file an undertaking not to dispute his identity, his counsel must appear and not seek adjournments, he must personally appear for charge-framing and whenever the trial court specifically insists, and the trial court retains power to recall the exemption if delay tactics are suspected.

Lesson Learnt

An accused can be excused from mandatory personal attendance at every hearing under Section 205 CrPC if genuine hardship is shown and adequate safeguards (such as an undertaking and conditions for recall) are offered: personal appearance exists to enable the trial's progress, not merely to record attendance.

Puneet Dalmia v. Central Bureau of Investigation – Legal Case Shots | LegalAware