The High Court of Madhya Pradesh, Gwalior Bench, has set aside an order requiring two accused persons to physically appear for remand proceedings despite being lodged in a different state and facing health issues. The case, Binay Singh & Another vs. State of M.P. (MCRC No. 28794/2023), was successfully argued by Advocate Sourav Singh Tomar, ensuring that his clients’ legal rights and health concerns were fully respected.
Case Background
The petitioners were facing charges under Sections 420, 467, 468, 469, 471, 406, 409, and 120-B of the Indian Penal Code in connection with a financial fraud case registered at Datia, Madhya Pradesh. However, they were already in custody in another case at Central Jail, East Midnapur, Kolkata, and one of them was an elderly person undergoing medical treatment. Despite this, the trial court insisted on their physical production for remand purposes, rejecting their request to appear via video conferencing.
Arguments by Advocate Sourav Singh Tomar
Advocate Tomar argued that forcing physical production of the accused, especially one with serious health issues and already in custody in another state, was unnecessary and unreasonable when secure video conferencing options were available. He emphasized that technology-enabled proceedings are legally recognized and help maintain both judicial efficiency and human dignity, particularly for undertrial prisoners facing logistical or health challenges.
High Court’s Decision
The High Court accepted these arguments, setting aside the lower court’s order and allowing the petitioners to mark their attendance via video conferencing. This ensured compliance with procedural law while safeguarding the petitioners’ health and logistical constraints.
Impact of the Judgment
This judgment is significant because it highlights how courts are adopting technology-driven solutions to make justice more accessible and humane. It sets an example for accommodating genuine health and custody constraints without compromising the integrity of legal proceedings.
With Advocate Sourav Singh Tomar’s effective representation, the petitioners avoided undue hardship and secured a practical, lawful solution to their unique situation.