ORDER

Per: Hon'ble Shri Justice Suresh Kumar Kait, Chief Justice:

1. By order dated 09.09.2022, 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 b