IMPORTANT POINT
Anticipatory bail – Grant of anticipatory bail is to be exercised with judicial discretion – Anticipatory bail should not be granted to a proclaimed offender.

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 Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows:—

(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;

(c) a copy thereof shall be affixed to some conspicuous part of the Court House;

(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.

(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.

(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.

(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1).], grant of indulgence under Section 438 ²[438. Direction for grant of bail to person apprehending arrest.— (1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors, namely:—

(i) the nature and gravity of the accusation;

(ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;

(iii) the possibility of the applicant to flee from justice; and

(iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested,

either reject the application forthwith or issue an interim order for the grant of anticipatory bail:

Provided t