JAYENDRA VISHNU THAKUR vs STATE OF MAHARASHTRA

The Supreme Court interpreted Section 299 of the Code of Criminal Procedure, 1973, Section 33 of the Indian Evidence Act, 1871, and Section 14(5) of the Terrorist and Disruptive Activities (Prevention) Act, 1987. The Court established that the provisions regarding the absence of accused and the implications for trial proceedings must be carefully applied, particularly in cases involving absconding accused. The Court held that the Designated Court's refusal to transfer the appellant for trial was erroneous, emphasizing the need for a fair trial and the presence of the accused in court proceedings.