Code of Criminal Procedure, 1973 – Section 438 – Pre arrest bail – FIR u/ss. 147, 148, 149, 323, 325, 341, 342 and 427 IPC with additional charges u/ss. 186, 353 and 364 against the respondent – Grant of anticipatory bail to the respondent by the High Court – Cancellation of:
Held: Much like bail, grant of anticipatory bail is to be exercised with judicial discretion – Each case turns on its own facts and merits – On facts, respondent’s application u/s. 438 should not have been entertained, as he was a proclaimed offender – Respondent without first successfully assailing the order declaring him as a proclaimed offender, could not have proceeded to seek anticipatory bail – Furthermore, it was not proper for the High Court to have granted anticipatory bail – Declaration of proclaimed offender subsisting on the date of the impugned order, it cannot be accepted that the respondent was entitled to ‘reform and course correct’– Though in an exceptional and rare case, this Court or the High Courts can consider a plea seeking anticipatory bail, despite the applicant being a proclaimed offender, however, no exceptional situation arises in the instant case – Impugned order granting anticipatory bail to the respondent set aside.[Paras 12, 16 and 17]
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