TaxTMI 
TaxTMI 
2023 (8) TMI 1728
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....at Police Station Badshahpur, Gurugram lodged under Sections 147, 148, 149, 323, 325, 341, 342 and 427 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC"). Later, Sections 186, 353 and 364 of the IPC were also included. 4. Learned counsel appearing for the appellant submits that in the background of the nature of the allegations and the materials collected as well as the respondent having been declared a proclaimed offender^1, grant of indulgence under Section 438^2 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "CrPC") was erroneous and misplaced. It was submitted that there is enough evidence to show the complicity of the appellant and further, based on this very order, other co-accused persons have been granted the benefit of anticipatory bail, which does not serve larger public interest. 5. Per contra, the learned counsel for the respondent, supporting the Impugned Order, submitted that the Investigating Agency has tried to unnecessarily harass and implicate the respondent which would be clear from various manipulations done in the record in the course of investigation. Further, it is submitted that the State is trying to show th....
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....of bail is generally examined on the anvil of the existence of supervening circumstances or violations of the conditions of bail by a person to whom bail has been granted. ...' 9. In Bhagwan Singh v Dilip Kumar @ Deepu @ Depak, 2023 INSC 761 [2023 SCC OnLine SC 1059], this Court, in view of Dolat Ram v State of Haryana, (1995) 1 SCC 349; Kashmira Singh v Duman Singh, (1996) 4 SCC 693 and X v State of Telangana, (2018) 16 SCC 511, held as follows: '13. It is also required to be borne in mind that when a prayer is made for the cancellation of grant of bail cogent and overwhelming circumstances must be present and bail once granted cannot be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it in conducing to allow fair trial. This proposition draws support from the Judgment of this Court in Daulat Ram and others v. State of Haryana reported in (1995) 1 SCC 349, Kashmira Singh v. Duman Singh (1996) 4 SCC 693 and xxx v. State of Telangana (2018) 16 SCC 511.' 10. In XXX v Union Territory of Andaman & Nicobar Islands, 2023 INSC 767 [2023 SCC OnLine SC 1062], this Court noted that the principles in Prasanta Kumar Sarkar....
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.... to be no automatic arrest. Having gone through the said judgment as also its most recent reiteration in Md. Asfak Alam v State of Jharkhand, 2023 INSC 6605, we are in full agreement with the propositions enunciated therein. However, Section 364, IPC carries a term of imprisonment for life or rigorous imprisonment of ten years and fine. We are a bit perplexed as to how, despite addition of Section 364, IPC, the High Court took the view that Arnesh Kumar (supra) would aid the respondent in his quest for pre-arrest bail. 16. What the High Court (also) lost sight of was that the respondent was a declared proclaimed offender. The High Court notes, at Paragraph 28, that it was not dealing with the prayer seeking quashing of the proclamation proceedings as the same were not made part of the petition before it. As things were, the respondent was declared a proclaimed offender on 05.02.2021, and sought anticipatory bail from the High Court only in October, 2021. As such, it was not correct for the High Court to brush aside such factum, on the basis of averments alone, purporting to explain the backdrop of such declaration by mere advertence to a similar-sounding name, in the petition be....
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....of the discussions made hereinabove, the Impugned Order granting anticipatory bail to the respondent is set aside. The respondent shall surrender before the Court concerned within four weeks from today and may seek regular bail which will be considered on its own merits without being prejudiced by the present judgment. 19. The appeal stands allowed in the aforesaid terms. Pending applications stand consigned to records. As far as the submission of the State is that the Impugned Order is the basis for co-accused to obtain anticipatory bail, it is for the State to take steps, if so advised, in accordance with law, in that behalf. Footnotes 1. 82. Proclamation for person absconding.-(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation. (2) The proclamation shall be published as follows:- (i) (a) it shall be publicly r....
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....ect of injuring or humiliating the applicant by having him so arrested, either reject the application forthwith or issue an interim order for the grant of anticipatory bail: Provided that, where the High Court or, as the case may be, the Court of Session, has not passed any interim order under this sub-section or has rejected the application for grant of anticipatory bail, it shall be open to an officer incharge of a police station to arrest, without warrant the applicant on the basis of the accusation apprehended in such application. (1-A) Where the Court grants an interim order under sub-section (1), it shall forthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard when the application shall be finally heard by the Court. (1-B) The presence of the applicant seeking anticipatory bail shall be obligatory at the time of final hearing of the application and passing of final order by the Court, if on an application made to it by the Public Prosecutor, the Court conside....