New Delhi: The Supreme Court today held that anticipatory bail should be not given to an accused who has been declared as an absconder and not cooperated with the investigation.
A bench of Chief Justice P Sathasivam and Justice Ranjan Gogoi said that court's power to grant anticipatory bail be exercised only in exceptional cases where it appears that the person may be falsely implicated.
“If anyone is declared as an absconder/proclaimed offender in terms of Section 82 of the Criminal Procedure Code, he is not entitled to the relief of anticipatory bail,” the bench said, while referring to its earlier judgement.
“The provision makes it clear that the power exercisable under Section 438 of the Code is somewhat extraordinary in character and it is to be exercised only in exceptional cases where it appears that the person may be falsely implicated or where there are reasonable grounds for holding that a person accused of an offence is not likely to otherwise misuse his liberty,” it said.
The bench set aside the order of the Madhya Pradesh High Court which had granted bail to two accused who had absconded from the very date when they had allegedly poisoned a man to death.
“The High Court failed to appreciate that it is a settled position of law that where the accused has been declared as an absconder and has not cooperated with the investigation, he should not be granted anticipatory bail,” the bench said.
“In view of the same, both the respondents/accused are directed to surrender before the court concerned within a period of two weeks failing which the trial court is directed to take them into custody and send them to jail,” it said.
