Anticipatory Bail Plea On Behalf Of Proclaimed Offender Not Maintainable: Punjab & Haryana High Court

Punjab and Haryana High Court has reiterated that anticipatory bail plea on behalf of a proclaimed offender is not maintainable. The bench comprising Justice Jasgurpreet Singh Puri was dealing with a petition filed under Section 438 Cr.P.C. for grant of anticipatory bail in an FIR registered under Section 174-A IPC wherein the petitioner was declared as a proclaimed offender.The FIR was said to be lodged 10 years after the petitioner being declared a proclaimed offender by the Trial Court.After considering the submissions of the counsel appearing on behalf of the petitioner, the court noted that it is a case where the petitioner was granted bail by the Trial Court, but he was declared a proclaimed offender in 2012. After that, the present FIR was registered. Court further noted that the petitioner remains a proclaimed offender till date and he did not challenge the order that declared him a proclaimed offender. The petitioner is a proclaimed offender till date and he has not challenged the order by which he was declared as a proclaimed offender. In order to understand the law laid down in this regard, the court relied on the judgment of State of Madhya Pradesh v. Pradeep Sharma, 2014(2) SCC 171 in which the Supreme Court held that, when a person is not available for interrogation and investigation even after warrant being issued against him, and is ultimately declared a proclaimed offender, there is no question of granting anticipatory bail to such a person. We reiterate that when a person against whom a warrant had been issued and is absconding or concealing himself in order to avoid execution of the warrant and is declared as a proclaimed offender in terms of Section 82 of the Code he is not entitled to the relief of anticipatory bail. In the light of the reasoning provided above, court concluded that anticipatory bail is not maintainable on behalf of a proclaimed offender and dismissed the petition accordingly.Also Read: S.82 CrPC Does Not Impose Any Restrictions On Filing Of Anticipatory Bail By Proclaimed Offenders: Punjab & Haryana High CourtAlso Read: S. 82 CrPc Neither Creates Riders Nor Imposes Restrictions In Filing Of Anticipatory Bails By Proclaimed Offenders: Himachal Pradesh High CourtCase Title : Inam v. State Of HaryanaCitation: 2022 LiveLaw (PH) 82Click Here To Read/Download Order

Anticipatory Bail Plea On Behalf Of Proclaimed Offender Not Maintainable: Punjab & Haryana High Court

Drishti Yadav

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