should be exercised liberally, when facts and circumstances require such exemption.33 Section 205 states that the Magistrate, exercising his discretion, may dispense with the personal attendance of the accused while issuing summons, and allow them to appear through their pleader. While provisions of the Code are considered to be exhaustive, cases arise where the Code is silent and the court has to make such order as the ends of justice require. In such cases, the criminal court must act on the principle, that every procedure which is just and fair, is understood as permissible, till it is shown to be expressly or impliedly prohibited by law.34 48. It is also directed that Manager Singh shall be released on bail by the arresting officer/ investigating officer/trial court on the terms and conditions to be fixed 30 Inder Mohan Goswami and Another v. State of Uttaranchal and Others, (2007) 12 SCC 1; Vikas v. State of Rajasthan, (2014) 3 SCC 321. 31 Section 205 of the Code. Also see,