Smt. Kantabai w/o Ashok Bhandari Versus The State of Madhya Pradesh

Madhya Pradesh High Court (Single Judge)

MISC. CRL, 4730 of 2021, Judgment Date: Jul 07, 2021

Law laid down -

Section 82 (4) of Criminal Procedure Code for declaring an accused as a proclaimed offender is identical to Section 82 (1) of the Code. The only difference is the penal provisions for the same as provided under s.174A of IPC. The general principle that Lavesh v. State (NCT of Delhi) reported as (2012) 8 SCC 73 lays down is that for the purposes of an anticipatory bail, a proclaimed offender also includes an offender or a proclaimed person against whom a proclamation u/s.82 (1) of Cr.P.C. has also been issued.

Judgements relied upon by counsel for the applicant 1. Sanjay Sarin versus State (Union Territory, Chandigarh), 2. RahulDutta v. State of Haryana, 3. Rishabh Seth v. State of Rajasthan & another and 4. Satinder Singh v. The State of U.T. Chandigarh & another(supra); were distinguished.

Judgment relied upon: Lavesh v. State (NCT of Delhi) reported as (2012) 8 SCC 73 .

Smt. Kantabai w/o Ashok Bhandari Versus The State of Madhya Pradesh