Anticipatory bail refused for an absconding accused facing warrants and proclamation proceedings, with regular bail left open on appearance.

Anticipatory bail under Section 438 CrPC was declined where the accused had not appeared, a non-bailable warrant had been issued, and proclamation proceedings were pending. Applying the principle that a person who is absconding, concealing himself to avoid process, or stands as a proclaimed offender is ordinarily not entitled to anticipatory bail, the Court refused to entertain the petition on merits in the accused's favour. It noted that any prior anticipatory bail order was relevant only to indicate that the trial court may consider a regular bail application on the date of appearance.

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Issues: Whether anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 could be granted when warrants had been issued, proclamation proceedings were pending, and the accused was treated as absconding.

Analysis: The Court noted that the petitioner had not appeared despite the pendency of the criminal case, and that a non-bailable warrant had been issued followed by proclamation proceedings. Relying on the principle that a person who is absconding or concealing himself to avoid execution of process and who stands in the position of a proclaimed offender is ordinarily not entitled to anticipatory bail, the Court held that the petition could not be entertained on merits in favour of the accused. The prior order of anticipatory bail was noticed only to observe that the trial court may consider any regular bail application on the day of appearance.

Conclusion: Anticipatory bail was not granted.

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