Page 341 - STATE v ARIF & ORS. SC-NO-540-2022 PART 1

IN THE HON'BLE COURT OF SH. SNIGDHA SARV ARIA,
LD. CMM, PATIALA HOUSE COURTS (NEW-DELHI), NEW
DELHI

CC No. 15657/2018
IN THE MA TIER OF:-
(\,1 State

VERSUS

Rehmana Yusuf •.. ACCUSED PERSON

APPLICATION SEEKING EXEMPTION FROM PERSONAL
APPEARANCE ON BEHALF OF ACCUSED/ APPLICANT
BILAL AHMED KAHW A

Most Respectfullv s/wwetlt:

1. That the caption matter is pending trial before this Hon'ble Court and

is fixed for hearing today i.e., 29.07.2022.
~-
2. That the applicant .is the accused in the present matter. That the
accused/applicant has tested positive for COVID-19 on 25.07.2022,

vis a vis due to such reason the accused would not be able to appear

before this Hon 'ble court today.

3. In Pratap Singh Gaekwad v. State of NCT of Delhi, [2003 SCC

OnLine Del1013], this Hon'ble has categorically held that,

"17. To sum up following conclusions emerge from the aforesaid
legal provisions: -

(1) No Court shall issue warrant of arrest in case application for
exemption from personal appearance is rejected as rejection
of such an application does not come within the ambit of
aforesaid eventualities viz (a) or (b) or (c).
(2) No Court shall issue warrant of arrest in the event of rejecting
the application for exemption as, according to provision of
Section 205 Cr.P. C. Court can either direct appearance of
such a perSOIJ or issue summons for him. "

\)