No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court

The Supreme Court recently noted that being declared a proclaimed offender under Section 82 of the Cr.P.C. does not impose an absolute bar on the accused from seeking anticipatory bail.

“Coming to the consideration of anticipatory bail, in the event of the declaration under Section 82 of the Cr.P.C., it is not as if in all cases that there will be a total embargo on considering the application for the grant of anticipatory bail.”, the bench comprising Justices M.M. Sundresh and Aravind Kumar said.

However, the Court said that the relevant factors such as circumstances of the case, the nature of the offence, and the background based on which such a proclamation was issued have to be looked upon while considering the anticipatory bail plea of the proclaimed offender. 

The accusations stem from the alleged mistreatment of the deceased by her husband (the appellant's son) and others. While the son is already in custody, the prosecution claimed that the appellant was complicit in the offences. The appellant sought anticipatory bail, asserting her non-involvement and arguing that custodial interrogation was unnecessary.

The prosecution contended that the appellant after being declared as the proclaimed offender cannot claim the benefit of anticipatory bail. On the contrary, the appellant contended that the declaration under Section 82 CrPC should not automatically bar the consideration of anticipatory bail. 

Setting aside the High Court's decision, the Court stressed balancing the liberty of the accused against the seriousness of the charges and circumstances leading to the proclamation under Section 82 CrPC.

Since, the appellant demonstrated a willingness to cooperate, and the investigating authorities did not summon her for interrogation, thus the Court held that custodial interrogation was unnecessary and anticipatory bail was appropriate under the circumstances.

"When the liberty of the appellant is pitted against, this Court will have to see the circumstances of the case, nature of the offence and the background based on which such a proclamation was issued. Suffice it is to state that it is a fit case for grant of anticipatory bail, on the condition that the appellant shall cooperate with the further investigation. However, liberty is also given to the respondents to seek cancellation of bail that has been granted, in the event of a violation of the conditions which are to be imposed by the Trial Court or if there are any perceived threats against the witnesses.",  the court observed.

Accordingly, the appeal was allowed. 

Case Title: ASHA DUBEY VERSUS THE STATE OF MADHYA PRADESH, CRIMINAL APPEAL NO.4564 OF 2024

Citation : 2024 LiveLaw (SC) 889

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