Below are some of the Case titles along with relevant Findings on the above topic.
Judgments on Maintainability of Anticipatory Bail if accused declared Proclaimed Offender PO or Proclaimed Person
| Case Title | Relevant Findings |
| PUNJAB AND HARYANA HIGH COURT Before:- S.S. Saron, J. Crl. Misc. No. 40347-M of 2007. D/d. 15.10.2007. Dharmender and another – Petitioners Versus State of Haryana – Respondent | Section 438 Criminal Procedure Code Anticipatory bail can be granted to the P.O. Criminal Procedure Code, Section 438 – Offence under sections 307, 148 and 427 Indian Penal Code – Petitioners not attributed any specific role in the occurrence – Anticipatory bail allowed to accused even though were absconding and had been declared proclaimed offenders. |
| DELHI HIGH COURT Before:- V.K. Shali, J. Crl. M.C. 2550 of 2011. D/d. 2.1.2012. Vivek Gaur – Petitioner Versus Naresh Kumar Karotia and Ors. – Respondents | A. Arms Act, 1959, Sections 25 and 27 – Criminal Procedure Code, 1973, Section 439(2) – Indian Penal Code, 1860, Section 302, 307, 34, 147, 148, 323 and 325 – Proclaimed offender – Bail – Anticipatory – Grant of – Held, a person declared as a proclaimed offender may not be denied the benefit of anticipatory bail in all circumstances – A distinction has to be made where a person has been declared as a proclaimed offender without his knowledge – But not where a person tries to escape by hook or crook. [Paras 9, 13 and 15] B. Criminal Procedure Code, 1973, Section 439(2) – Arms Act, 1959, Sections 25 and 27 – Indian Penal Code, 1860, Section 302, 307, 34, 147, 148, 323 and 325 – Anticipatory Bail – Grant of – Court does not have to conduct a meticulous dissection of evidence so as to find out as to whether the persons were part of the unlawful assembly or not – What was their role in the said unlawful assembly which had gathered in furtherance to their common object – Respondents were declared proclaimed offenders after their anticipatory bail application having been rejected – Such a benefit conferred on this kind of unscrupulous accused persons is disservice to the law – Order passed by the Id. ASJ is set aside by exercising the powers of the Court under Section 482 read with Section 439(2) Criminal Procedure Code and the respondents/accused herein are directed to appear before the learned Special Judge within a period of two weeks from today and file an appropriate application for grant of regular bail – Accordingly petition disposed of. |
| PUNJAB AND HARYANA HIGH COURT Before:- Mehinder Singh Sullar, J. CRM No. M-18509 of 2014. D/d. 18.7.2014. Parveen – Petitioner Versus State of Haryana – Respondent | Criminal Procedure Code, 1973 Section 438 Indian Penal Code, 1860 Sections 323, 506, 148 and 149 Anticipatory Bail – Absence from proceedings – Proclaimed offender – Entitlement of was earlier granted bail and was regularly appearing in Trial Court – In the present case, petitioner one court to other – Case was repeatedly transferred from Petitioner remained under the bona fide belief that his counsel would inform – Neither he was served by the trial Court nor his counsel has informed about the case – Subsequently, he was declared Proclaimed Offender without following the proper procedure by the trial Court – Held, anticipatory bail granted. |
| PUNJAB AND HARYANA HIGH COURT Before:-Mr. Raj Shekhar Attri, J. CRM-M-32723 of 2018. D/d. 29.11.2018. Harbant Singh – Petitioner Versus Yadwinder Singh – Respondent | Criminal Procedure Code, 1973 Sections 82 and 438 Proclaimed Offender – Anticipatory Bail – Petition for grant of – Petitioner was declared proclaimed offender but record transpires that he was not properly served – Period of 30 days had not been expired – Held, proper procedure has not been adopted by Trial Court – Impugned order suffers from infirmity and illegality – Same is not sustainable in eye of law – Petitioner has joined proceedings – As such, order of anticipatory bail is made absolute to conditions – Petition stands allowed. |
| HIMACHAL PRADESH HIGH COURT Before:-Mr. Sandeep Sharma, J. Cr. MP(M) No. 2448 of 2019. D/d. 26.12.2019. Rajesh Krishan – Petitioner Versus State of Himachal Pradesh – Respondent | Anticipatory bail – Petitioner is a proclaimed offender – Direction to appear – Petitioner not be arrested in terms of the proclamation issued by Court below. Criminal Procedure Code, 1973 Section 438 Indian Penal Code, 1860 Sections 279, 337 and 304A Motor Vehicles Act, 1988 Section 185 Death by Negligence – Rash and negligent driving – Anticipatory bail – Petitioner is a proclaimed offender – Petitioner directed to appear before Court of Magistrate 1st Class on 2.1.2020 – Till then petitioner shall not be arrested – Later police shall be at liberty to arrest him in terms of proclamation issued by the learned Court below. |
| PUNJAB AND HARYANA HIGH COURT Before:-Mr. Arvind Singh Sangwan, J. CRM-M-35943-2019 (O&M) and CRM-M-33867-2019 (O&M). D/d. 12.12.2019. Rohit Joshi and another – Petitioners Versus State of Punjab and other – Respondents | Dishonour of Cheque – Proclaimed offender – Anticipatory bail – Petitioner was never served, never summon and he was declared proclaimed without following proper procedure – petitioner released on bail. Negotiable Instruments Act, 1881 Sections 138 Dishonour of Cheque – Proclaimed offender – Anticipatory bail – Petitioner was never served, never summon and he was declared proclaimed without following proper procedure – Petitioner intends to contest complaint and is ready to deposit one lac with trail Court, anticipatory bail may be granted – Order declaring proclamation is set aside – Petitioner directed to appear before Trail Court and will be released on bail. |
| HIMACHAL PRADESH HIGH COURT Before:- Anoop Chitkara, J. Cr. MP(M) No. 1682 of 2020. D/d. 26.10.2020. Mahender Kumar – Petitioner Versus State of Himachal Pradesh – Respondent | Anticipatory Bail by Proclaimed offender – Section 82 of CrPC, 1973 neither creates any riders nor imposes any restrictions in filing of anticipatory bails by proclaimed offenders. Criminal Procedure Code, 1973, Sections 82, 164, 299 and 438 – Indian Penal Code, 1860 Sections 376 and 506 Protection of Children from Sexual Offences Act, 2012 Section 4 Rape with minor girl – Proclaimed offender – Anticipatory bail – Section 82 of CrPC, 1973 neither creates any riders nor imposes any restrictions in the filing of anticipatory bails by proclaimed offenders – Conduct of victim of accompanying accused to her bedroom without any resistance, and subsequently without any reasons running away to forest from safe custody of her maternal uncle, and staying alone in a cave for three days, makes out a case for bail to petitioner – Therefore, release of accused on furnishing personal bond of L 1,00,000/- with two sureties for L 50,000 and terms and conditions |
| PUNJAB AND HARYANA HIGH COURT Before:- Hari Pal Verma, J. CRM-M-8207 of 2021. D/d. 22.2.2021. Jang Bahadur Singh – Petitioner Versus State of Punjab and Another – Respondents | Criminal Procedure Code, 1973 Sections 82 and 438 Negotiable Instruments Act, 1881 Section 138 Dishonour of cheque – Proclaimed offender/person – Anticipatory bail – Complaint under Section 138 of the Negotiable Instruments Act, whereby the petitioner was declared as proclaimed offender – Petitioner met with accident and suffered fracture in his leg and arm, due to which he could not walk – He requested his counsel for his exemption, but due to some reason, he could not move appropriate application before the Trial Court – Hence, petition disposed of with a direction that, in case, petition surrenders before the Trial Court within a period of one week, he shall be admitted on bail Cost of Rs. 10,000/- imposed. |
| PUNJAB AND HARYANA HIGH COURT Before:- Anoop Chitkara, J. CRM-M-43932 of 2021. D/d. 25.10.2021. Sarbjit Kaur @ Sarvjeet Kaur – Petitioner Versus State of Punjab and Another – Respondents | Offence under Negotiable Instruments – Concession of anticipatory bail cannot be denied, once accused is absconding and declared a proclaimed offender – Woman accused entitled for anticipatory bail. Criminal Procedure Code, 1973 Section 438 Negotiable Instruments Act, 1881 Section 138 Anticipatory bail – Concession of anticipatory bail cannot be denied, once accused is absconding and declared a proclaimed offender – Current covid-19 pandemic and fact that accused is a woman as given in averment, incarceration of accused would not give any benefit to complainant but instead might cause grave injustice to woman accused – Accused shall not create any delay in trial – Therefore, woman accused entitled for anticipatory bail. |
| PUNJAB AND HARYANA HIGH COURT Before:- Anoop Chitkara, J. CRM-M-3052 of 2022. D/d. 1.2.2022. Mamta Giri – Petitioner Versus State of U.T. Chandigarh – Respondent | Anticipatory Bail – Proclaimed Offender – Bailable Offence – Petitioner was absent on date fixed due to lack of communication from counsel and later on due to confusion of pandemic – Bail granted. Criminal Procedure Code, 1973 Sections 82 and 438 Indian Penal Code, 1860 Sections 406 and 420 Anticipatory Bail – Cheating – Bailable Offence – Petitioner explains her absence as she did not know the date fixed for the case, not because of any disregard to law but due to lack of communication from counsel and later on due to confusion of pandemic – Offences are bailable, and the accused is a woman for whom the legislature has made special provisions – Sending the woman to custody before giving her bail would neither put the judiciary in high esteem nor overhaul the system – Petitioner has offered a satisfactory explanation which led and her being declared a proclaimed offender – Bail granted. |
| PUNJAB AND HARYANA HIGH COURT Before:-Mr. Anoop Chitkara, J. CRM-M No. 485 of 2022. D/d. 08.02.2022. Subhash – Petitioner Versus State of Haryana – Respondent | Anticipatory bail to a proclaimed offender – Section 82 of CrPC neither creates any riders nor imposes any restrictions in the filing of anticipatory bails by the proclaimed offenders. Criminal Procedure Code, 1973, Section 438 – Indian Penal Code, 1860, Sections 364, 186 and 353 – Anticipatory bail to a proclaimed offender Section 82 of CrPC neither creates any riders nor imposes any restrictions in the filing of anticipatory bails by the proclaimed offenders. |