The Supreme Court observed that a Court shall not come to the rescue or help an absconding accused who is not cooperating with the investigation.
The bench of Justices MR Shah and AS Bopanna observed thus while upholding an Allahabad High Court order refusing anticipatory bail.
The accused, Sanatan Pandey, was charged for the offences punishable under Sections 147, 148, 323, 324, 307, 308, 504 and 452 of the Indian Penal Code. His application before the High Court to quash the charge-sheet, in exercise of powers under Section 482 Cr.P.C. was dismissed by the High Court vide order dated 10.12.2019. He was then directed to surrender before the Court. As he did not surrender and apply for regular bail, a non-bailable warrant has been issued against him and even the proceedings under Section 82 of the Cr.P.C. was initiated. Later, the High court dismissed his anticipatory bail application.
Before the Apex Court, he contended that he has been falsely implicated in the case, and that investigation has been completed and the charge-sheet has been filed and therefore, it is a fit 2 case to grant anticipatory bail to the applicant.
"There is a prima facie case found against the petitioner for the aforesaid offences and even the charge-sheet has been filed and the petitioner is found to be absconding. Therefore, this is not a fit case to grant anticipatory bail to the petitioner.", the court said taking note of the above facts..
"The Court shall not come to the rescue or help the accused who is not cooperating the investigating agency and absconding and against whom not only nonbailable warrant has been issued but also the proclamation under Section 82 Cr.P.C. has been issued.", the bench added while dismissing the appeal.
Case name and Citation: Sanatan Pandey vs. State of Uttar Pradesh | LL 2021 SC 568
Case no. and Date: SLP (Crl) 7358 OF 2021 | 7 October 2021
Coram: Justices MR Shah and AS Bopanna