Personal appearance under criminal procedure may be dispensed with when hardship is shown and trial safeguards are preserved.

Section 205 CrPC permits dispensation of an accused's personal appearance where insisting on attendance would cause disproportionate hardship and the trial can still proceed effectively through counsel. The relief is available in the interests of justice even in serious cases, but only with safeguards such as an undertaking on identity, continued representation by counsel, permission to record evidence in the accused's absence, and preservation of the court's power to require appearance later if needed. Applying that principle, the refusal to exempt the accused from personal appearance was set aside and exemption was granted subject to conditions.

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Issues: Whether the appellant was entitled to exemption from personal appearance before the trial court under Section 205 of the Code of Criminal Procedure, 1973, subject to appropriate safeguards.

Analysis: The appellant had been regularly appearing before the trial court for years, was represented by counsel, resided at a distant place, and sought dispensation on the basis that compulsory weekly appearance caused undue hardship without any shown attempt to delay the trial. The governing principle is that personal attendance may be dispensed with where insistence on presence would cause disproportionate hardship and the progress of the trial can still be secured. Such relief can be granted in the interests of justice, but only with safeguards, including an undertaking that identity will not be disputed, counsel will remain present, evidence may be recorded in absence, and the court may require personal attendance at later stages if necessary. Section 205(2) preserves the court's power to recall the accused whenever required, and the same approach was considered applicable despite the seriousness of the allegations.

Conclusion: The appellant was entitled to exemption from personal appearance, and the refusal by the courts below was set aside. The relief was granted subject to conditions ensuring the appellant's availability when required and preserving the trial court's power to direct appearance if delay or non-cooperation occurred.

Ratio Decidendi: A criminal court may dispense with an accused's personal appearance under Section 205 of the Code of Criminal Procedure, 1973, where the interests of justice so require, the trial can proceed effectively through counsel, and adequate safeguards are imposed to secure identity, participation, and the court's power to insist on appearance later.

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