14 March 2024 Anticipatory Bail >> Criminal Law   |   FIR >> Criminal Law  

The Supreme Court of India has recently set a precedent regarding anticipatory bail applications and absconding accused. In a judgement, the court clarified that the issuance of a proclamation under Section 82 of the Criminal Procedure Code (CrPC) can be a reason to reject an anticipatory bail plea.

Facts:

The case involved individuals who faced an FIR and feared arrest. They filed an anticipatory bail application in the High Court. However, while the application was pending, the Trial Court issued a non-bailable warrant against them for failing to appear in court. The court then, as per procedure, issued a proclamation under Section 82 CrPC asking them to appear.

The High Court, considering the proclamation issued by the Trial Court, dismissed the anticipatory bail application. The accused challenged this decision in the Supreme Court.

Supreme Court's Ruling:

The Supreme Court upheld the High Court's decision. The court made it clear that filing an anticipatory bail application is not considered an appearance in court. If an accused doesn't appear despite warrants, they can be declared absconders through proclamation. The Court emphasized that a proclamation under Section 82 CrPC can be a valid reason to reject an anticipatory bail application. The Trial Court, it said, is not prevented from issuing a proclamation just because an anticipatory bail application is pending.

Key Takeaways:

An accused who has been proclaimed an absconder is not entitled to anticipatory bail. Filing an anticipatory bail application doesn't replace a mandatory court appearance. The Trial Court can still issue a proclamation if the accused remains absent.

  Code of Criminal Procedure, 1973