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proclaimed offenders will not be entitled to get benefit of


 

Proclaimed offenders will not be entitled to get benefit of anticipatory bail

 

The Supreme Court on 31st August, 2012 in Lavesh v. State (NCT of Delhi) in Crl.A. No. 1331/2012 has held as under:- "6..............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 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 Bail Appln. 1249/2012 allow the concerned Magistrate to deal with the same on the basis of the material before the Court.

From these material and information, it is clear that the present appellant was not available for interrogation and investigation and declared as "absconder". 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 declare as a proclaimed offender in terms of Section 82 of the Code is not entitled the relief of anticipatory bail"
 
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