Advocates:
Advocate Appeared:
For the Appellant :Mr. V.R. Bajwa, Senior Advocate assisted by Mr. Sneh Deep Khyaliya
For the Respondent: Mr. S.S. Mehla, learned Public Prosecutor, Mr. Hemant Nahta

Key Points: - The court held that a person cannot be deemed a proclaimed offender without a formal declaration under Section 82(4) CrPC, allowing for anticipatory bail (!) (!) (!) . - Anticipatory bail under CrPC Section 438 can be entertained even after proceedings under Sections 82-83 CrPC and after charge-sheet has been filed, provided other merits are satisfied (!) (!) (!) . - The decision analyzes that absence of a Section 82(4) declaration means the petitioner is not a proclaimed offender, and anticipatory bail on merits is permissible; proceedings under 82-83 are interim and subject to Section 84-86, but do not automatically bar anticipatory bail (!) (!) (!) (!) . - The court emphasizes that arrest is not mandatory and custody should be justified by merits, especially where investigation has spanned many years and the petitioner has cooperated (!) (!) (!) . - The judgment cites multiple precedents clarifying that proclamation under 82 CrPC is a prerequisite to declaring a proclaimed offender, and that publication modes under 82(2) conditions are mandatory, with some discussions on when a person becomes a "proclaimed person" vs. "proclaimed offender" (!) (!) (!) (!) . - Status reports indicate the core proved offences are under 420 and 120B IPC; charge-sheet filed; petitioner not traceable but has cooperated and appeared in interrogation; grounds for anticipatory bail found meritorious on merits (!) (!) (!) (!) (!) . - The order grants anticipatory bail to Harshvardhan Johari with terms including personal bond, two sureties, appearance for interrogation, no inducement, and prohibition on leaving India without court permission (!) (!) (!) .

What is the effect of Section 82(4) CrPC declaration on the maintainability of anticipatory bail under Section 438 CrPC?

What are the conditions under which anticipatory bail can be entertained when proceedings under Sections 82 and 83 CrPC are ongoing?

What are the judicial considerations on whether a person not declared as a proclaimed offender can be granted anticipatory bail despite non-cooperation or absconding allegations?