Justice HP Sandesh observed that the main question was whether Section 438 of the Criminal Procedure Code (CrPC) could be invoked once the petitioner appeared through counsel and sought exemption that was allowed.
” …once he appeared through the Court, whether it is through Counsel or personally, he cannot seek again anticipatory bail… once permitted to appear through counsel he cannot contend that he had not appeared physically…once he has been permitted to appear legally he cannot contend that he was not appeared before the Trial Court and hence petition under Section 438 of Cr.P.C., is not maintainable,” the single-judge ruled.
Source: Barandbench
