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Madhya Pradesh High Court · body

2010 DIGILAW 894 (MP)

Gulshan v. Mansingh

2010-09-01

N.K.GUPTA

body2010
JUDGMENT : N.K.Gupta, J.:- If an accused is enlarged on bail in some cases and if he is unableto appear before the Court then it is his duty to send such instructions to hiscounsel and then to get the next date of hearing in that particular case. When the learned JMFC had observed that the applicant is not appearing in thelast three consecutive dates and he cautioned that in next date applicationunder Section 317 of the Cr. P.C. will not be entertained and still theapplicant could not appear before the Court on the next date, it means that theapplicant was not getting the various dates of hearing in those cases from hiscounsel. Therefore, prototype applications filed under Section 317 of the Cr.P.C which are not filed with genuine basis but, learned counsel for theapplicant tried to save the applicant by such pretext to take the liability onhim. Lookingto the entire proceedings and conduct of the applicant it appears that he wasnot in touch with his counsel since last 3-4 dates of hearing and his such conduct cannot be protected. A Criminal Court isnot there to act according to the wishes of the accused or to shelter himunnecessarily. Learned counsel for the applicant tried to shelter the applicantin the trial Court but, that does not create a proper ground for his non-appearance. Therefore, learned trial Court did not commit any mistake inrejecting the application and issuance of arrest warrants.