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Sunday, 4 October 2020

Absconding accused can’t get anticipatory bail: Court

Tribune News Service

Chandigarh, October 3

If anyone is declared an absconder/proclaimed offender (PO) in terms of Section 82, CrPC, he is not entitled to the relief of anticipatory bail. By stating this, the Court of Rajesh Sharma, Additional Sessions Judge, Chandigarh, dismissed the anticipatory bail application of an accused, who was declared a PO in a theft case 13 years ago.

Gurnam Singh, a resident of Ludhiana district, filed an anticipatory bail through his counsel by claiming that he came to know that he was declared a PO in the case only after returning to his village from abroad recently.

The accused said he was informed by villagers that the case was not closed and he was declared a PO by the court in 2007.

He claimed that the absence before the trial court was not intentional, but due to misguidance and mistake of his previous counsel.

He had previously appeared on every date of hearing before the trial court, the accused added. He lastly appeared before the court on April 3, 2006, but thereafter, his earlier counsel did not inform him about any date of hearing, the accused said.

His counsel told him that there was no need to appear in the said case as it was closed and believing him, he did not appear before the trial court, the accused added.

On the other hand, the public prosecutor opposed the bail by saying that non- bailable warrants of the accused were issued by the then JMIC, Chandigarh, on November 11, 2006, and ultimately, he was declared a PO on July 17, 2007.

Had the accused been vigilant, he would have surrendered at the earliest in the court concerned, but he chose not to do so, the public prosecutor added.

While referring to the Supreme Court judgment, the court said when a person against whom a warrant had been issued was absconding or concealing himself in order to avoid execution of warrant and declared a PO in terms of Section 82 of the code, he was not entitled to the relief of anticipatory bail.

from The Tribune

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