Excelsior Correspondent
Srinagar, Oct 21: Supreme Court today held that an absconder or proclaimed offender is not entitled to anticipatory bail and set aside the order of High Court granting bail to such accused.
The bench of Justice M R Shah and Justice A S Bopanna clarified that if anyone is declared as an absconder or proclaimed offender in terms of Section 82 of the Code, he is not entitled to the relief of anticipatory bail
The Supreme Court said the High Court has committed an error in granting anticipatory bail to the accused ignoring the proceedings under Section 82, 83 of Cr.PC.
“Even the observations made by the High Court while granting the anticipatory bail to the accused that the nature of accusation is arising out of a business transaction and therefore the accused is entitled to the anticipatory bail is concerned, the same cannot be accepted”, SC said.
SC said that in the case of a business transaction also there may be offences under the IPC more particularly sections 406, 420, 467, 468, etc and 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.
“At this stage, it is required to be noted that the accused has been charge-sheeted for the offences punishable under sections 406 and 420, etc. and a charge-sheet has been filed in the court of Magistrate Court” SC added and held the judgment of high court while granting bail to the accused in anticipation as un-sustainable and quashed a the same.
SC granted two weeks’ time from the date of pronouncement of the instant verdict to the accused to surrender before the concerned Trial Court and thereafter left it open for him for praying of regular bail, which the SC said, may be considered in accordance with law and on its own merits.
SC has been informed that the accused was avoiding the arrest and even did not co-operate with investigating agency and even after the arrest warrants were issued, the proceedings under sections 82, 83 of Cr.PC were initiated, the High Court ought not to allow the anticipatory bail application.
SC after hearing the submissions of both the parties said, after the investigation a charge-sheet has been filed against accused for the offences punishable under sections 406, 420 of IPC also. Thus it has been found that there is a prima facie case against the accused.
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