JOIN USNo advance bail for absconders, says SC
An accused, who is absconding or is declared as proclaimed offender, cannot be granted anticipatory bail, the Supreme Court has said.
A bench of Justices P Sathasivam and Ranjan Gogoi explained Section 438 of the Criminal Procedure Code (CrPC), dealing with the provision of anticipatory bail.
“Normally, when the accused is “absconding” and declared as a “proclaimed offender”, there is no question of granting anticipatory bail. We reiterate that when a person against whom a warrant had been issued and is absconding or concealing himself in order to avoid execution of warrant and declared as a proclaimed offender in terms of Section 82 of the Code is not entitled the relief of anticipatory bail,” the Bench said.
The court declined the anticipatory bail plea of a man, who had allegedly demanded Rs 5 lakh from the in-laws of his younger brother as dowry to pay for a flat in Delhi, forcing the bride to end her life after one year and eight months of marriage.
“While considering such a request, the court has to take into consideration the nature and the gravity of the accusation, antecedents, possibility of the applicant to flee from justice etc. Further, normally, the court should not exercise its discretion to grant anticipatory bail in disregard of the magnitude and seriousness of the matter,” the Bench said.
The court directed applicant Lavesh to surrender before the magistrate within a week.
“The matter regarding the unnatural death of the daughter-in-law at the house of her in-laws was still under investigation and the appropriate course to adopt was to allow the concerned Magistrate to deal with the same on the basis of the material before the court,” the Bench said.
“Considering his conduct, not amenable for investigation and, moreover, declaring him as an absconder, there is no question of granting anticipatory bail,” the Bench said, while upholding the Delhi High Court’s order for rejection of bail.