Team  SoOLEGAL

Punjab & Haryana HC: Anticipatory bail on behalf of the petitioner who is a proclaimed offender is not maintainable

Team SoOLEGAL 30 Apr 2022 10:32am

Punjab & Haryana HC: Anticipatory bail on behalf of the petitioner who is a proclaimed offender is not maintainable

NEW DELHI: The Punjab and Haryana High Court's Justice Jasgurpreet Singh Puri has ruled that anticipatory bail on behalf of the petitioner, who is a proclaimed offender, is not maintainable.

The plea is filed under Section 438 Cr.P.C. for the grant of anticipatory bail to the petitioner in the case of an FIR filed under Section 174-A IPC at Police Station Partap Nagar, District Yamuna Nagar.

The petitioner's counsel asserts that the present FIR was filed ten years after the petitioner was declared a proclaimed offender.

The Court stated at the outset that this is a matter, in which the petitioner was granted bail by the learned trial court, but he was declared a proclaimed offender in 2012, and the present FIR under Section 174-A IPC was filed thereafter.

The Court also noted that the petitioner is still a proclaimed offender and has not challenged the order that declared him a proclaimed offender. Thus, in this respect, reference was made to the Supreme Court decision in State of Madhya Pradesh vs. Pradeep Sharma, 2014(2) SCC 171, which held that anticipatory bail on behalf of a proclaimed offender is not maintainable.

In light of the foregoing, the present petition is hereby dismissed.



Tagged: Haryana High Court   Section 174A   Supreme Court  
Did you find this write up useful? YES 0 NO 0
Featured Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com