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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

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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.


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Tagged: Haryana High Court   Section 174A   Supreme Court  
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