LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Hemant Taylor (ADVOCATE)     04 June 2014

Anticipatory bail where nba issued

whether anticipatory bail is maintainable where non bailable warrants has been issued. accused is not named in FIR, charge sheet is yet to be filed. police declared him absconder. No, summons or any kind of notice has been served to him.  Please provide me any case law of apex court. 


 3 Replies

N.K.Assumi (Advocate)     04 June 2014

AB is apply when there is imminent of likely  arrest, name in FIR or not immaterial, as long as he has not been arrested, Question is under what circumstances he was declared as absconder? See the Classic case of Gurbaksh Singh Sibbia vs state of Punjab AIR 1980 SC 1632.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 June 2014

The constitution bench decided this issue in the above said judgment.


However, recently Supreme Court has stated that the said provision of AB should not be applicable to people who have been declared Proclaimed Offenders.



Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.

ramamani (practice)     07 June 2014

It is compulsory to issue summons and then warrant and non bailable warrant  for the offences punishable with 7 years or less of imprisonment. See secstion 41 and 41A of amended criminal procedure code. also supreme court's guidelines in Joginder Kumar vs. State.

See also, if conditions under secstin 82 of crpc are complied with, while the court declared him as an absconder. If not, you can challenge the order under section 82 in the high court and file for anticipatory bail.

The point is you should be able to convince that  no summons /notice was issued and had no knowledge of warrant  issued and was not evading process

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register