2025:CGHC:50877 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3103 of 2025 Pushpa Singh W/o Shri U.R Singh Aged About 71 Years Represented Through Her Husband U.R Singh S/o- Shamaliya Singh Aged About 74 Years, Both R/o L-1 H. No.- 2, Ashoka Palm Meadows Dunda, Raipur, District - Raipur (C.G.) ... Petitioner(s) versus State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, Dhamtari, District - Dhamtari (C.G.) ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Anup Majumdar, Advocate For Respondent/State : Shri Akhilesh Kumar, GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 13.10.2025 1. Present CRMP filed by the petitioner under Section 528 of the BNSS claiming for exemption from physical appearance before the proceeding of the CRA-78 of 2018 pending before the learned additional sessions judge, Damtari, second additional judge to the court of additional sessions judge Damtari. 2. Learned counsel for the petitioner would submit that petitioner is convicted by the learned JMFC, Damtari for commission of offence under Section 420 and 409 of the IPC and sentenced RI for three years with Digitally signed by V PADMAVATHI Date: 2025.10.17 18:26:21 +0530 Crmp 3103 of 2025 2 fine sentence vide judgement of conviction and order dated 17.10.2018, passed in criminal case- 356 of 2013. 3. The conviction and sentence awarded to the petitioner was challenged by her before the appellate court in CRA-78 of 2018 which is pending for consideration. 4. In the meantime, health condition of the petitioner was deteriorated as she is suffering from various ailments including paralysis and cancer, brain stroke, and toungue cancer. Therefore, an application was made by her before the learned appellate court for exemption from personal appearance in the proceeding of the appeal. However, her application though was allowed by the learned appellate court, the petitioner was directed to appear on the next date of hearing and also to ready for final hearing of the appeal. He would further submit that physical condition of the petitioner is not as such that she can appear before the appellate court and she is praying for her appearance through virtual mode connecting her with the learned appellate court from her house. He would further submit that petitioner undertakes that she will not seek unnecessary adjournments in the proceeding of the appellate court and also undertakes that she will appear on the date when the case is to be fixed for passing of judgment. 5. On the other hand, learned counsel for the state opposes. 6. Heard learned counsel for the parties. Crmp 3103 of 2025 3 7. Considering the submissions made by learned counsel for the parties, further considering the physical and health condition of the petitioner, as reflected from the documents annexed with the petition Annexure A4, and also the fact that appeal of the petitioner is pending since 2018 before the learned appellate court, and the appeal is ripe for its final hearing, only for her physical presence, the proceeding of the appeal cannot be withheld. Her presence may be permitted through virtual mode particularly in view of her physical and health condition at present. 8. Further, in view of the undertaking given by the petitioner, she may be permitted to appear through virtual mode before the proceeding of the learned appellate court at the time of final hearing of the appeal. It is also stated by the learned counsel for the petitioner that the appeal is fixed for 30-10-2025 for final hearing and on that day petitioner is ready to appear through virtual mode and to argue the case before the learned appellate court. 9. In view of the statement made by learned counsel for the petitioner, the petition is allowed. Petitioner is permitted to appear through virtual mode before the learned appellate court on 30.10.2025 and to advance her submission in the appeal finally through her counsel. 10. It is directed that she will not take any unnecessary adjournment in the proceeding of the appellate court. It is further directed that she shall Crmp 3103 of 2025 4 appear personally before the learned appellate court on the date fixed for passing of the judgment. 11. With the aforesaid observation, present petition finally stands disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE padma