Petition Allowed for Virtual Presence of Accused During Judgment Pronouncement Due to Medical Condition.


08 January 2024 Corruption >> Criminal Law   |   Medical, Pharma & Healthcare >> Miscellaneous  

In Ashwini Kumar Sharma v/s The State of Maharashtra & Another., the petitioner, an accused in Criminal Special Case CBI No. 68/2013, is facing charges under Sections 420, 120B, 419, 384 of the Indian Penal Code and Section 8 of the Prevention of Corruption Act. The petitioner challenges an order dated 29/12/2023, wherein a non-bailable warrant (NBW) was issued against him for non-appearance at the court, despite his severe medical condition.

The petitioner, who suffers from 83% disability due to a brain injury, is unable to attend the court in person. He had previously requested to record his evidence via video conferencing, which was allowed by the court in November 2023. Despite this, the court directed his physical presence for judgment pronouncement.

 

 

Given the petitioner’s condition, the court accepted his argument that it was impractical for him to attend the trial court. The court also noted that the petitioner has not absconded or misused his bail since 2010 and has consistently followed legal procedures. It was agreed that the petitioner could attend the court proceedings via video conferencing for the judgment pronouncement, ensuring that necessary arrangements were made for him to be present at the District Court in Panipat.

The court emphasized that if an adverse order is passed, the petitioner could seek recourse in accordance with the law. The petition was disposed of with directions to allow the virtual attendance of the petitioner during the judgment pronouncement.


Section 120B., Indian Penal Code - 1860  

Section 384., Indian Penal Code - 1860  

Section 419., Indian Penal Code - 1860  

Section 420., Indian Penal Code - 1860  

Indian Penal Code, 1860  

Section 8, Prevention of Corruption Act - 1988  

Prevention of Corruption Act, 1988