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Supreme Court of India 2019-12-16 allowed

PUNEET DALMIA vs CENTRAL BUREAU OF INVESTIGATION

Bench: 2 — Ashok Bhushan, M. R. Shah

In Brief

Puneet Dalmia, an accused in a corruption case involving conspiracy, cheating, and criminal breach of trust charges, sought exemption from attending court every Friday in Hyderabad while residing in Delhi. The trial court and High Court rejected his plea citing the gravity of charges. The Supreme Court allowed his appeal, holding that exemption under Section 205 Cr.P.C. may be granted even in serious cases if personal attendance causes severe hardship, provided stringent safeguards are met: the accused must undertake not to dispute his identity, his counsel must appear on all dates without seeking adjournments, he must consent to evidence being recorded in his absence, and the court retains discretion to recall him anytime. The bench imposed these conditions while setting aside the lower court orders.

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Criminal Procedure Trial Practice Exemption from Personal Attendance Prevention of Corruption

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