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2023 Supreme(SC) 826

AHSANUDDIN AMANULLAH, S. V. N. BHATTI
State of Haryana – Appellant
Versus
Dharamraj – Respondent


Advocates appeared:
For the Appellant(s) : Dr. Hemant Gupta, A.A.G. Mr. Samar Vijay Singh, AOR Ms. Monica Anand Kumar, Adv. Ms. Payal Gupta, Adv. Mr. Shivang Jain, Adv. Mr. Keshav Mittal, Adv. Ms. Sabarni Som, Adv.
For the Respondent(s): Mr. Rakesh Khatana, Adv. Mr. Sandeep Jindal, AOR Mr. Om Prakash Vyas, Adv.

JUDGMENT :

Ahsanuddin Amanullah, J.

Heard learned counsel appearing for the parties.

2. Leave granted.

3. The present appeal filed by the State of Haryana seeks cancellation of anticipatory bail granted to the sole respondent vide Order dated 03.12.2021 (hereinafter referred to as the “Impugned Order”) passed in CRM-M No.49115/2021 by a learned Single Judge of the High Court of Punjab and Haryana at Chandigarh. The respondent is accused in First Information Report No.0239 dated 31.07.2020 at Police Station Badshahpur, Gurugram lodged under Sections 147, 148, 149, 323, 325, 341, 342 and 427 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”). Later, Sections 186, 353 and 364 of the IPC were also included.

4. Learned counsel appearing for the appellant submits that in the background of the nature of the allegations and the materials collected as well as the respondent having been declared a proclaimed offender1[82. Proclamation for person absconding.—(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such

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