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Judgment
Krishna S Dixit, J
Both the sides having argued the matter for some time, learned counsel Mr. Ganapathy Bhat appearing for the Petitioners came forward with a proposal that these Petitions be disposed off reserving liberty to his clients to move a Discharge Application under Section 239 of Cr.P.C.1973 and till that Application is heard & decided, his clients should be exempted from personal appearance although their lawyer/s would appear on regular basis.
This proposal is opposed by the learned Special Counsel appearing for Respondent – SIT. However, such an objection is not sustainable in the considered of view of the Court, the proposal of the accused being as fair as it can be. Appearing before a court on regular basis is not an easy thing. While considering Discharge Application ordinarily, the personal presence of the accused may not be necessary especially when his lawyer will be there before the Court and if necessary, he would keep his client present as well.
In view of the above, these Petitions are disposed off reserving liberty to the Petitioners to move Discharge Application within two weeks from today; if so moved, the personal presence of the Petitioners shall be dispensed with till after said application is heard & decided.
The Discharge Application if moved as indicated as above, shall be heard and decided in accordance with law within an outer limit of three months.
It is made clear that nothing is reflected as to the merits or otherwise of the Application in contemplation, all contentions of the parties are kept open.