Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Anticipatory bail |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973:s.438 rlw s.82 - Anticipatory bail - Respondents,accused of offences punishable u/ss 302 and 120-8 rlw s.34/PC - Declared absconders - Granted anticipatory bail byHigh Court - Subsequently released on regular ail by CJM- Held: If anyone is declared as an absconder/proclaimedoffender in terms of s. 82, he is not entitled to the relief ofanticipatory bail - The power exercisable uls 438 isextraordinary in character and it is to be exercised only inexceptional cases where it appears that the person may befalsely implicated or where there are reasonable grounds forholding that a person accused of an offence is not likely tootherwise misuse his liberty - In the instant case,confessional statements of co-accused reveal thatrespondents administered poisonous substance to deceased- It is supported by statements of other witnesses and medicalreport - Further, proclamation uls 82 was issued againstrespondents - All these materials were neither adverted tonor considered by High Court while granting anticipatory bail- High Court failed to appreciate that where the accused hasbeen declared as an absconder and has not cooperated withthe investigation, he should not be granted anticipatory bail- Impugned orders of High Court are set aside -Consequently, the subsequent order of CJM releasing theaccused on bail after taking them into custody in compliancewith the impugned order of High Court is a/so set aside. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 810 |
Petitioner | State Of Madhya Pradesh |
Respondent | Pradeep Sharma |
SCR | [2013] 12 S.C.R. 772 |
Judgement Date | 2013-12-06 |
Case Number | 2049 |
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