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Kajal Sengupta vs M/S. Ahlcon Ready Mix ... on 27 April, 2012
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Crl.M.C. 1640/2011 Page 2 of 9 grant of bail or execution of bail bonds by the accused is not a sine qua non for the grant of personal exemption by the Magistrate. It was further submitted that, in view of the judgment of the Hon‟ble Supreme Court in Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd. & Ors, (2001) 7 SCC 401, the petitioner can be exempted from personal appearance even for the first appearance, if he is duly represented by his pleader. Further, even at the stage of the framing of notice under Section 251 CrPC, the Magistrate is empowered to record the plea of the accused when his counsel makes such plea on behalf of the accused in a case where the personal appearance of the accused has been dispensed with. In support of his contention, the learned counsel relies upon M/s Chowriappa Construction v. M/s Embassy Contructions