Court Stays Non-Bailable Warrants, Permits Virtual Appearance for Venugopal N Dhoot Amid Health Concerns
In a significant ruling, the Delhi High Court has permitted Venugopal N Dhoot, the petitioner accused in a criminal case, to attend trial proceedings via video conferencing, citing severe health issues. The court, presided over by Justice Vinod Kumar, acknowledged the petitioner's health conditions and agreed to substitute his physical presence with a virtual one for the framing of charges, provided that he fully participates in the trial.
The case, which has been delayed for years due to the accused's absence, saw the State represented by Mr. Mukesh Kumar, the Additional Public Prosecutor, who argued against the petitioner's non-appearance. Despite the prosecution's insistence on the accused's physical presence, the court accepted the petitioner's counsel's undertaking that Mr. Dhoot would appear virtually and actively engage in all trial proceedings.
The court has also stayed the execution of Non-Bailable Warrants issued against Mr. Dhoot, emphasizing that any failure to adhere to the undertaking would empower the trial court to issue coercive processes to ensure his attendance. Furthermore, if Mr. Dhoot complies with the virtual appearance, he may apply for the restoration of his bail and surety bonds, subject to the trial court's consideration.
This decision underscores the court's flexibility in accommodating defendants' health concerns while balancing the legal process's integrity.
Bottom line:-
Personal appearance of the accused can be substituted with appearance via video conferencing for framing of charges, provided the accused undertakes to fully participate in the trial proceedings.
Statutory provision(s): Criminal Procedure Code, 1973 Section 482
Venugopal N Dhoot v. State of NCT of Delhi, (Delhi) : Law Finder Doc id # 2929689
