The Apex Court docket, whereas setting apart the order of Excessive Court docket, made an statement that an absconder or a proclaimed offender, in opposition to whom proceedings have been initiated, will not be entitled to a aid of anticipatory bail.
The procedural historical past of this case has its traces in Trial Court docket’s order which dismissed the anticipatory bail software on comparable grounds. The trial court docket denied the anticipatory bail to accused as proceedings beneath Sections 82 and 83 of the Code of Legal Process, 1973 had already been issued.
Thereafter, the accused approached the Excessive Court docket which allowed the appliance. Aggrieved by the order of Excessive Court docket, the state approached the apex court docket and positioned reliance on the decision of State of Madhya Pradesh v Pradeep Sharma.
The counsel contended that the particular person, in opposition to whom proclamation has been issued and the proceedings beneath above talked about sections have been initiated, doesn’t stand entitled to the advantage of aid beneath anticipatory bail.
The court docket accepted the competition of the counsel and famous that the Excessive Court docket missed out on the info which said that the proceedings had already begun beneath Sections 82 and 83 of CrPC.
The court docket allowed the enchantment and noticed that what issues essentially the most is the character of allegations and accusations, and never that the character of accusation arising out of a enterprise transaction.