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SUBODH ABHYANKAR
Amit Dwivedi – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This is the applicant's first application under section 438 CrPC, for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.06/2020, registered at Police Station Depalpur, District-Indore for commission of the offence punishable under sections 420, 467, 468, 471 and 120B of the IPC.
2. Learned senior counsel has argued at length and also on the point that the application for anticipatory bail is maintainable despite an order under section 82 of the CrPC wherein an accused is declared as proclaimed offender is maintainable. It is also contended that the order passed under section 82 of CrPC is also bad in law. Learned senior counsel has relied upon the decision rendered by the Gwalior Bench of this Court in the case of Balveer Singh Bundela v. State of Madhya Pradesh passed in M.Cr.C. No. 5621/2020 [Published in 2020(3) JLJ 435] and it is submitted that in the aforesaid decision the Gwalior Bench has clearly laid down the law after taking into consideration of the decision rendered by the Supreme Court in the case of Lavesh v. State (NCT of Delhi) reported in (2012) 8 SCC 73 as well as in the case of State of Madhya Pradesh v. Pradeep Shar
Anticipatory bail is not maintainable for a proclaimed offender as per the Supreme Court's ruling in State of Madhya Pradesh Vs. Pradeep Sharma, 2014(2) SCC 171.
(1) Anticipatory bail – If anyone is declared as an absconder/proclaimed offender in terms of Section 82 Cr.P.C., he is not entitled to relief of anticipatory bail.(2) Anticipatory bail – When an app....
Constitution guarantees protection of life and personal liberty of a person and this guarantee is enshrined in Article 21 of Constitution of India.
The specific sections enumerated under section 82(4) of the Criminal Procedure Code do not limit the scope of a proclaimed offender for anticipatory bail purposes.
Ambit of bail application cannot be expanded to consider correctness of proclamation made under Section 82 of Cr.P.C.
The main legal point established in the judgment is that a person declared as a proclaimed offender under Section 82 of the Cr.P.C. is not entitled to anticipatory bail under Section 438 of the Code.
If anyone is declared as an absconder/proclaimed offender in terms of Section 82 of Cr.P.C., he is not entitled to relief of anticipatory bail.
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