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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
GANESH RAM MEENA, J.
Harshvardhan Johari S/o Shri Govind Johari – Appellant
Versus
State Of Rajasthan, Through P.P. – Respondent
S.B. Criminal Misc. Bail Application No. 7581 of 2024
Decided on : 30-07-2024
Bail - Anticipatory Bail - CrPC Sections 438, 82, 83 - The court interpreted the provisions of anticipatory bail and the requirements for declaring a person as a proclaimed offender, emphasizing that without a proper declaration under Section 82(4), the petitioner could seek anticipatory bail.
Fact of the Case:
The petitioner sought anticipatory bail under Section 438 CrPC for FIR No. 199/2010, facing charges under IPC sections 420, 467, 468, 471, and 120B. The complainant argued that the petitioner was an absconder and had concealed facts regarding his status.
Finding of the Court:
The court found that the petitioner had not been declared a proclaimed offender as required by Section 82(4) CrPC. It noted that the petitioner had cooperated with the investigation and that the allegations did not warrant his arrest.
Issues: Whether the anticipatory bail application could be entertained despite proceedings under Sections 82 and 83 CrPC and whether the petitioner was a proclaimed offender.
Ratio Decidendi: The court held that without a declaration under Section 82(4) CrPC, the petitioner could not be considered a proclaimed offender, allowing the anticipatory bail application to be considered on its merits.
Result: The anticipatory bail application was granted, allowing the petitioner to be released on bail under specified conditions.
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 (!) (!) (!) .
ORDER :
GANESH RAM MEENA, J.
1. This anticipatory bail application has been filed by the petitioner under section 438 CrPC in connection with FIR No. 199/2010 registered at Police Station Manak Chowk, District Jaipur City (North), for the offences punishable under sections 420, 467, 468, 471 and 120B IPC.
2. The learned Public Prosecutor during the course of arguments submitted a status report dated 02.07.2024 in regard to the investigation of criminal case i.e. FIR No.199/2019 registered at Police Station Manak Chowk, District Jaipur City (North), which is taken on record.
3. At the very outset Mr. Hemant Nahta, counsel appearing for the complainant raised an issue that the petitioner has made serious concealment of fact that he has been declared as an absconder by the learned trial court including the fact that Standing Warrants have already been issued by the learned trial court against him in the cases arising from FIR No.199/2010 registered at Police Station Manak Chowk, District Jaipur City (North) and also FIR No.144/2015 registered at Police Station Moti Doongari, Jaipur City (East).
4. Counsel for the complainant further submitted that the petitioner has already preferred two separate criminal misc. petitions bearing S.B. Criminal Misc. Petition Nos. 1054/2024 and 1389/2023 under section 482 CrPC so as to quash the proceedings of FIR No.144/2005 and 199/2010 wherein no interim relief has been allowed to him and this fact has also been concealed by the petitioner. Counsel further submitted that the proceedings under sections 82 and 83 CrPC have already been initiated against the petitioner and, therefore, the anticipatory bail application filed by the petitioner cannot be considered on factual merits. Counsel also submitted that the police after conclusion of the investigation has already submitted the charge-sheet against the petitioner under section 299 CrPC as the petitioner is not traceable.
5. Mr. V.R. Bajwa, Senior Advocate assisted by Mr. Sneh Deep Khyaliya have submitted that the petitioner is not a proclaimed offender as he has not been declared as a proclaimed offender by the Competent Court by making a declaration as required under sub-section (4) of section 82 CrPC. Senior Counsel further submitted that filing of the criminal misc. petitions for quashing of the FIR and the consequential proceedings does not debar the petitioner from claiming anticipatory bail. Senior Counsel also submitted that filing of the charge-sheet against the petitioner under section 299 CrPC also does not preclude him from seeking a relief of anticipatory bail under section 438 CrPC.
6. The provision of section 82 CrPC deals with the proclamation of a person absconding, which reads as under:-
(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 specific 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 home-stead 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 evid
The court established that a person cannot be deemed a proclaimed offender without a formal declaration under Section 82(4) CrPC, allowing for the possibility of anticipatory bail.
The court emphasized the need for fair and impartial investigation to strengthen the judicial process and highlighted the complementary roles of the police in investigation and the judiciary in trial....
Article 21 of the Constitution of India provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Arrest of an offender during in....
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
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