In this post we will discuss the grounds of Anticipatory Bail for Proclaimed Offender in case registered under Sections 307, 506, 328, 148, 149, 323 and 120-B.
Judgement Digest: Ashok v State of Haryana
Also Read- Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail
SECTION 438 CR.P.C – DIRECTION FOR GRANT OF BAIL TO PERSON APPREHENDING ARREST.
(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
(2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including:
- a condition that the person shall make himself available for interrogation by a police officer as and when required,
- a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer,
- a condition that the person shall not leave India without prior permission of the court,
- such other condition as may be imposed under sub-section (3) of section 437, as if the bail were granted under that section.
(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should be issued in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the court under sub-section (1).
Also Read- anticipatory bail of proclaimed offender – Indian Kanoon
Facts of the Case:
- The petitioner is brother-in-law of co-accused Rinku. Rinku’s wife was raped by injured Kapil and the incident is a case of revenge. Learned counsel argues that the injury on the head of Kapil allegedly caused by petitioner and one Ramesh has not been declared in the MLR “to be dangerous to life which would cause death in normal course”. Although the alleged injury has been declared as “dangerous to life”, but there is no opinion of the doctor that it was sufficient to cause death and therefore, learned counsel would urge that Section 307of the IPC is not attracted and it could be a case of Section 320(8) of the IPC which means any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits. Learned counsel submits that Kapil was discharged after 10 days of the injury.
- Learned counsel for the State submits that the petitioner has been declared proclaimed offender on 13.3.2020.
Also Read- Proclaimed Offender Anticipatory Bail High Court Chandigarh
Judgement of the Case:
Looking to the entire incident and without going into the merits of the case which are matter of investigation and trial, this is a fit case for grant of anticipatory bail. However, since the petitioner has been declared a proclaimed offender, he is directed to surrender before the trial court on 23.6.2020 when his regular bail application will be considered by the trial court and he shall be admitted to bail pending trial to the satisfaction of the trial court.”
Also Read- Anticipatory Bail Proclaimed Offender High Court Chandigarh
Case Laws:
In Yogender Partap Singh Vs. State 2009 (2) JCC 1314, the Apex Court has rightly observed that merely because an accused is declared a proclaimed offender does not take away his right to apply for anticipatory bail.
The Apex Court in case titled Siddharam Satlingappa Mhetre Vs. State of Maharashtra & Ors. 2011 (XII) AD SC 340 wherein broad principles for grant of bail had been recapitulated and it has been observed that the personal liberty of an accused is the most valuable thing and it should not be permitted to be jeopardized by false and frivolous accusations.
Also Read- Anticipatory Bail Period Free Legal Advice Online
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