V.S. Kokje, J. - (1.) Heard learned counsel for the parties, This is a Cr. Misc. Petition filed under Section 482 Cr.P.C. against an order directing the accused petitioner to remain present in the Court on a date of hearing, apply for regular bail and taken exemption from appearance on the further dates.
(2.) Learned counsel for the petitioner submits that the other co-accused are yet to be brought before the Court in the case and there is nothing for which the personal attendance of the petitioner is necessary at such earlier stage of the case. He also submits that there is actually no need for the accused petitioner to appear before the Court in the case which totally depends on documentary evidence.
(3.) Whatever may be said on the question of necessity of appearance of the accused petitioner on the first date of hearing but it is totally a discretionary order passed by the trial Court. I do not find any justification that such order can be interfered with in a petition filed under Section 482 Cr.P.C. The order is quite innocuous and it cannot be said that the accused petitioner can be said to be prejudiced in any manner. As to when and at what stage, the accused person should remain present has to be left for the discretion of the Magistrate concerned and it is not for this Court or for the petitioner to dictate the date on which the presence of the accused petitioner shall be sought.;