Person Who Is Absconding And Evading Execution Of A Warrant Not Entitled To Anticipatory Bail: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has observed that a person against whom a warrant who is absconding and evading the execution of a warrant, is not entitled to the concession of anticipatory bail.

The Bench of Justice Javed Iqbal Wani observed thus while denying pre-arrest bail to one Amit Kumar Gupta who has been booked for offences punishable under Section 304/34 IPC.

The case in brief

As per the prosecution's version, the deceased had a financial dispute with the accused/petitioner and that the petitioner along with a co-accused, with common and criminal intention, gave an overdose of drugs to the deceased, resulting in his death.

While the co-accused was taken into custody by the police, the prosecution submitted that the accused/petitioner had been absconding and evading his arrest resulting in the issuance of the general warrant of arrest against him after the presentation of challan before the competent court.

On the other hand, the accused moved the instant pre-arrest bail plea before the HC stating that he is an innocent grocery retailer and a member of a respectable and law-abiding family and that police are hell-bent to arrest him in the execution of a general warrant of arrest issued by the Sessions judge Poonch.

Court's observations 

At the outset, the Court noted that the death of the deceased is attributed to the accused/petitioner and his co-accused and that Prima-facie there is material on record connecting the accused/petitioner herein with the commission of the alleged offence and this fact cannot be overlooked or ignored by this court while dealing with the instant bail application.

The Court further said that a general contention of the petitioner that he did not commit any offence and is innocent cannot per-se discredit or discard either the investigation conducted or else evidence on record collected during the course of the investigation.

Further, the Court also stressed that it cannot remain oblivious of the fact that the accused/petitioner is absconding and proceedings in this regard have been initiated against him by the trial court.

"...it is clear that petitioner though initially had got associated with the inquest proceedings in the matter yet subsequently remained unavailable during the course of investigation and the position remains same uptill the filing of challan and commencement of trial as well. It is also an admitted fact that a general warrant of arrest has been issued against the petitioner herein," the Court said.

Consequently, referring to the Apex Court's ruling in the case of Prem Shankar Prasad vs. State Of Bihar LL 2021 SC 579, the High Court said that an absconder/proclaimed offender is not entitled to relief of anticipatory bail and therefore, the instant bail plea was dismissed.

Case title - Amit Kumar Gupta v. UT of Jammu and Kashmir through SHO PS Mendhar

Case Citation: 2022 LiveLaw (JKL) 59

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