Justice Jasgurpreet Singh Puri of Punjab and Haryana High Court has held that anticipatory bail on behalf of the petitioner who is a proclaimed offender is not maintainable.
In this case, the present petition is filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR under Section 174-A IPC, registered at Police Station Partap Nagar, District Yamuna Nagar.
The counsel for the petitioner has submitted that the present FIR has been lodged after 10 years after the petitioner was declared as a proclaimed offender.
The Court has noted at the very begining that it is case where the petitioner was granted bail by the learned trial Court but he was declared as a proclaimed offender in 2012 and thereafter the present FIR under Section 174-A IPC was registered.
The Court also observed that the petitioner is a proclaimed offender till date and he has not challenged the order by which he was declared as a proclaimed offender. Thus, in this regard, reference was made to the Supreme Court in State of Madhya Pradesh Vs. Pradeep Sharma, 2014(2) SCC 171 wherein it was held that anticipatory bail on behalf of the petitioner who is a proclaimed offender is not maintainable.
In view of the aforesaid position, the present petition is, hereby, dismissed.
Read Order: Inam v. State Of Haryana
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