Exemption from personal attendance of accused
Arvind Kumar Sinha
(Querist) 02 July 2014
This query is : Resolved
Is the benefit under section 205, 273, 317 available in criminal appeal. Any citation of recent past inn favor of the applicability. Out of 12 accused only 1 will appear an others like to appear through pleader. the case is in appeal stage.
- Citation needed.
ajay sethi
(Expert) 02 July 2014
we dont provide citations . search in indian kanoon website
Sankaranarayanan
(Expert) 02 July 2014
find from either india kanoon or other website
ajay sethi
(Expert) 02 July 2014
thanks for your appreciation
Arvind Kumar Sinha
(Querist) 02 July 2014
Sir, As advised I tried on India Kanoon. All case laws suggest that the exemption is available only for initial stage of summons (S.205) or during trial (S 317). However, their grant / rejection can be appealed against.
But my case is that no exemption was claimed during trial, and the case is decided, and has later been appealed against by the convicts. Now, can such convict-appellants apply for presence only through their pleader / advocate.
Sir, I am not a lower, but only a law student and a Central Govt. Officer, so not as informed as an advocate.
