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SURESH KUMAR KAIT, VIVEK JAIN
Deepankar Vishwas – Appellant
Versus
State of Madhya Pradesh Through P. S. Omti, District Jabalpur – Respondent
ORDER
Kait, C.J. -- 1. By order dated 9.9.2022, the learned Single Judge referred following questions to be considered by this Court:--
“(i) Whether the anticipatory bail petition filed under section 438 of CrPC is maintainable, in case proceedings under sections 82 & 83 or section 299 of CrPC have been initiated against the accused ?
(ii) Whether the anticipatory bail petition filed under section 438 of CrPC is maintainable, when the accused has been declared as ‘absconder/ proclaimed offender’ under sections 82 and 83 or section 299 of CrPC by the authority competent ?”
2. The facts in brief relatable to the present petitioner are that he is an accused in connection with Crime No.276/2019 registered at Police Station Omti. District Jabalpur for offences punishable under sections 420, 406 and 409/34 of the IPC. After the investigation, on 15.12.2020, a charge-sheet was filed before the concerned Court showing him absconding. The proceedings under sections 82 and 83 of the Cr.P.C. were initiated against him. The petitioner was declared proclaimed offender and a perpetual warrant of arrest was issued against him. The bail application filed by the petitioner before the trial 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....
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.
Constitution guarantees protection of life and personal liberty of a person and this guarantee is enshrined in Article 21 of Constitution of India.
The applicant, who concealed facts and filed a false affidavit, and made a mockery of the orders of the lower court by avoiding the process of summon, bailable warrant, non-bailable warrant, and the ....
The main legal point established in the judgment is the consideration of the gravity of the offences, the conduct of the accused, and the possibility of fleeing from justice in determining the eligib....
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