Upon scanning a host of precedents on the subject, the Court concluded that the Magistrate’s discretion to grant an accused exemption from personal appearance even before the first appearance can be exercised only in rare cases.
In the present case, the Court noted that there were no exceptional circumstances such as any physical ailments or long distance of travel that would restrict the Cardinal’s ability to appear in person before the Magistrate.
While dismissing the Cardinal’s petitions, the Court made it clear that the observations made by it in the order are only about the prayer for exemption from the first appearance.
“Once the petitioner appears and is released on bail on executing bonds, the applications submitted by the petitioner under Section 205 CrPC are to be considered without any delay, by taking into account the fact that the physical presence of the petitioner may not be required on all posting dates”, the order stated.
Source: Barandbench
