SUBODH ABHYANKAR
KANTABAI w/o ASHOK BHANDARI – Appellant
Versus
STATE OF M. P. – Respondent
ORDER : – This is applicant’s (repeat) second application under section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the present applicant is apprehending his/her arrest in connection with Crime No. 391/2019 registered at Police Station Rajgarh, Tahsil Sardarpur District Dhar (MP) for offence punishable under sections 409 and 420 read with section 34 of the Indian Penal Code, 1860. The earlier anticipatory bail application of the applicant Miscellaneous Criminal Case No. 9537/2020 was dismissed on 3-3-2020 by this Court as not pressed, as the counsel had no instructions.
2. In brief, the facts of the case are that one Rajesh Victor, an Accounts Officer of the Co-operative Department, Dhar lodged an FIR on 30-8-2019 against the Office Bearers of Shri Rajendra Suri Sakh Sahakari Sanstha Maryadit Rajgarh for serious financial irregularities committed by them in disbursing the loan amount to its members and also while obtaining the Fixed Deposits from its Members. The amount runs into crores of rupees. Admittedly against the present applicant a proclamation has already been issued under section 82 of the Code of Criminal Procedure, 1973.
3. Shri Rathi has als
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.
(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....
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.
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.
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