The court ruled that granting anticipatory bail to proclaimed offenders is erroneous, reaffirming the principle established in a prior case.

ORDER :

1. Leave granted.

2. The present appeals are directed against the orders dated 08.02.2022 and 28.02.2022 passed by the High Court of Punjab and Haryana at Chandigarh, in CRM-M-485-2022 & CRM-M-6799-2022 respectively, whereby the High Court has granted anticipatory bail to the respondents, viz. Subhash [Respondent in Criminal Appeal @ SLP (Criminal) No. 2054/2024] and Sajjan [Respondent in Criminal Appeal @ SLP (Criminal) No. 2449/2024], who were declared proclaimed offenders by the concerned Court after following the procedure under Section 82/83 of the Code of Criminal Procedure, 1973.

3. Learned counsel appearing for the appellant-State has placed heavy reliance on the decision of this Court rendered on 29.08.2023, in Criminal Appeal No. 2635 of 2023, titled State of Haryana vs. Dharamraj, whereby this Court had allowed the appeal preferred by the State of Haryana against the co-accused Dharamraj, and set aside the impugned order granting anticipatory bail to the said co-accused.

4. Learned counsel for the respondents, however, is not in a position to distinguish the role of the respondents, viz. Subhash and Sajjan from that of the co-accused Dharamraj, whose anticipatory bail has been cancelled by this Court.

5. Having regard to the submissions made by the learned counsel for the parties and to the decision of this Court in the case of Dharamraj (supra), we are of the opinion that the respondents-Subhash and Sajjan stand on the same footing as that of the co-accused Dharamraj. Both the respondents-accused had remained absconded and were declared proclaimed offenders, and therefore, the High Court has committed gross error in granting anticipatory bail to the respondents.

6. Keeping in view the decision passed in Dharamraj (supra), cancelling the anticipatory bail granted to the co-accused Dharamraj, we are inclined to accept the present appeals preferred by the State on the same lines as that of the Dharamraj.

7. Consequently, the impugned orders dated 08.02.2022 and 28.02.2022 passed by the High Court are set aside. The appeals are allowed.

8. The respondents-Subhash and Sajjan shall surrender before the concerned Trial Court within four weeks from today. It goes without saying that both the respondents shall be at liberty to file appropriate applications seeking regular bail as may be permissible under the law, and if such applications are filed, the same shall be decided on merits.

9. Pending applications are disposed of.