Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Supreme Court

The Supreme Court observed that an absconder/proclaimed offender is not entitled to relief of anticipatory bail.

In this case, the Trial Court dismissed the  anticipatory bail application on the ground that as the accused is absconding and even the proceedings under section 82/83 Cr.PC have been issued, the accused is not entitled to the anticipatory bail. Thereafter, the accused approached the High Court which granted the anticipatory bail.

In appeal , the state relied upon the judgment in case of State of Madhya Pradesh vs. Pradeep Sharma reported in (2014) 2 SCC 171,to contend that a person against whom the proclamation has been issued and the proceedings under sections 82-­83 of Cr.PC have been initiated, is not entitled to the benefit of anticipatory bail.

The court noted that the High Court ignored the factum of initiation of proceedings under sections 82-­83 of Cr.PC by simply observing that "be that as it may".

"In the case of State of Madhya Pradesh vs. Pradeep Sharma (Supra), it is observed and held by this court that if anyone is declared as an absconder/proclaimed offender in terms of section 82 of Cr.PC, he is not entitled to relief of anticipatory bail", the bench comprising Justices MR Shah and AS Bopanna observed.

The bench further observed that even in the case of a business transaction also there may be offences under the IPC more particularly sections 406, 420, 467, 468, etc. What is required to be considered is the nature of allegation and the accusation and not that the nature of accusation is arising out of a business transaction, the court observed while allowing the appeal.

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