Madhya Pradesh HC: Absconders Can Seek Anticipatory Bail
MP High Court rules that absconding accused can seek anticipatory bail under CrPC 438, subject to strict judicial scrutiny;
Bhopal: In a significant verdict, the Madhya Pradesh high court has held that an anticipatory bail plea is maintainable even if the accused in a case is declared absconding in the charge sheet filed against him.
A division bench comprising Chief Justice Suresh Kumar Kait and Justice Vivek Jain has observed that an anticipatory bail plea is maintainable even when proceedings under CrPC section 82 (proclamation for person absconding) and 83 (attachment of property of person absconding) or section 299 (record of evidence in absence of accused) have been initiated against the accused.
“We, therefore, hold that the application for anticipatory bail is maintainable even if the charge sheet has been filed showing the accused as declared absconder”, the bench said.
However, such consideration and grant of anticipatory bail to the accused would depend upon the gravity and seriousness of the offence involved therein, the court held.
“It is needless to mention here that such power should be exercised in a very cautious manner and in extreme and exceptional cases only in the interest of justice”, the bench remarked.
The court’s observation came in response to the referral of the case by the single bench on September nine, 2022, to be considered by the division bench.
The question considered by the division bench was whether the anticipatory bail plea under section 438 of CrPC is maintainable, in case proceedings under section 82 and 83 or section 299 of CrPC have been initiated against the accused.
The case relates to a petition filed by the accused seeking anticipatory bail in the trial court.
The petitioner was accused of offences punishable under sections 420 (cheating), 406 (criminal breach of trust), and 409 (criminal breach of trust by public servant, or by banker, merchant or agent) and 34 (common intention) of the IPC.
The charge sheet filed in the case showed the accused absconding.
The trial court rejected his anticipatory bail application, following which, he moved the high court for anticipatory bail.