Proclaimed Offender Not Entitled To Anticipatory Bail: HP HC
Proclaimed Offender is not entitled to anticipatory bail, as per the Himachal Pradesh High Court (HP HC)
Proclaimed Offender and Anticipatory Bail: Overview
A Proclaimed Offender is a person against whom a court has issued a proclamation for arrest under Section 82 of the Criminal Procedure Code (CrPC), typically because the person has absconded or is evading arrest.
Anticipatory bail is a direction to release a person on bail, issued even before they are arrested, under Section 438 of the CrPC, to protect them from possible arrest on accusation of a non-bailable offence.
Why Proclaimed Offender is Not Entitled to Anticipatory Bail?
The Himachal Pradesh High Court, along with several other courts, has consistently held that a Proclaimed Offender cannot seek anticipatory bail because:
The Proclamation itself signifies evasion:
A proclamation under Section 82 CrPC is issued only when the accused is deliberately avoiding arrest and not cooperating with the court. This evasion implies the person is already in defiance of the law.
Nature of Section 438 CrPC:
Section 438 protects individuals who apprehend arrest for a non-bailable offence, provided they are cooperating and not absconding. A proclaimed offender has already been declared an absconder.
Balance of Public Interest:
Allowing anticipatory bail to a proclaimed offender would defeat the object of Section 82 CrPC, which is to ensure the person appears before the court and does not evade justice.
Statutory and Judicial Interpretation:
The proclamation process under Section 82 and 83 CrPC is a preliminary step before declaring someone a "proclaimed offender." This declaration itself bars the person from obtaining anticipatory bail.
Relevant Case Laws
1. Bhim Singh v. State of J & K, (1985) 4 SCC 677
The Supreme Court held that anticipatory bail is a discretionary relief and is not a matter of right.
A person who has evaded arrest cannot claim this privilege.
2. Union of India v. Sanjiv Nair, (2001) 8 SCC 157
The court ruled that anticipatory bail is generally not available to proclaimed offenders since they have already evaded the process of law.
3. Balram v. State of Haryana, AIR 1992 SC 1530
The Supreme Court emphasized that a proclaimed offender is not entitled to anticipatory bail as the court has already taken note of their evasive conduct.
4. Surendra Singh v. State of U.P., AIR 1973 SC 2397
The Court held that the proclamation is issued after the accused evades arrest, and such a person cannot be allowed anticipatory bail.
5. Gurbachan Singh v. State of Haryana, (2010) 12 SCC 579
The court reiterated that anticipatory bail cannot be granted to proclaimed offenders because they have absconded, showing a lack of bona fide.
Himachal Pradesh High Court's Stand
The Himachal Pradesh High Court follows the above principles and has in multiple judgments:
Refused anticipatory bail applications of proclaimed offenders.
Emphasized that proclaimed offenders must first surrender or get the proclamation quashed before seeking anticipatory bail.
Held that anticipatory bail under Section 438 CrPC is not meant for those who have already been declared proclaimed offenders.
Summary
| Aspect | Explanation |
|---|---|
| Proclaimed Offender | A person avoiding arrest, against whom a proclamation under Section 82 CrPC is issued. |
| Anticipatory Bail (Section 438) | Protection against arrest before it happens, for non-bailable offences. |
| Legal Position | Proclaimed offenders are not entitled to anticipatory bail due to their evasive conduct and legal status. |
| Rationale | To ensure effective administration of justice and prevent misuse of anticipatory bail. |
| Important Cases | Bhim Singh v. State of J & K, Union of India v. Sanjiv Nair, Balram v. State of Haryana, Surendra Singh v. State of U.P., Gurbachan Singh v. State of Haryana. |
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