2021 (11) TMI 590 - SC - Indian Laws

Seeking grant of anticipatory bail - petitioner found to be absconding - offences punishable under Sections 147, 148, 323, 324, 307, 308, 504 and452 of the Indian Penal Code - non-bailable offence or not - HELD THAT - The petitioner is charged for the offences punishable under Sections 147, 148, 323, 324, 307, 308, 504 and452 of the Indian Penal Code. The incident is of 05.03.2017. Even the charge-sheet has been filed against the petitioner and other co-accused as far as back on 20.11.2018. Earlier the petitioner moved an application before the High Court to quash the charge-sheet, in exercise of powers under Section482 Cr.P.C. which came to be dismissed by the High Court vide order dated10.12.2019. However, though not permissible the High Court vide order dated10.12.2019 directed that in case the applicant appears and surrenders before the Court within 30 days and applies for bail, his prayer for bail shall beconsidered and for a period of 30 days no coercive steps can be taken against the accused in the aforesaid case. Despite the same and having taken the benefit of the order dated 10.12.2019, the petitioner did not surrender and apply for regular bail. That thereafter non-bailable warrant has been issued against the applicant and even the proceedings under Section 82 of the Cr.P.C. has been initiated. The petitioner is continuously absconding and not available at home. The submission on behalf of the petitioner that initially he was not named as accused in the FIR is concerned, the same has been dealt with by the Learned trial Court and the Learned trial Court has observed that even in the first FIR one person was shown as unknown. Thus, from the aforesaid it is found that there is a prima facie case found against the petitioner for the aforesaid offences and even the charge-sheet has been filed and the petitioner is found to be absconding. Therefore, this is not a fit case to grant anticipatory bail to the petitioner. The Court shall not come to the rescue or help the accused who is not cooperating the investigating agency and absconding and against whom not only nonbailable warrant has been issued but also the proclamation under Section 82Cr.P.C. has been issued - Application dismissed.

Summary

Issues:
Refusal of anticipatory bail by High Court based on completion of investigation and filing of charge-sheet.
Petitioner's argument of false implication and fit case for anticipatory bail.
Prima facie case against the petitioner for various offenses under the Indian Penal Code.
Petitioner's continuous absconding and non-cooperation with the investigating agency.
Dismissal of the anticipatory bail application by the Supreme Court.

Analysis:
The Supreme Court addressed the issue of the petitioner's appeal against the High Court's denial of anticipatory bail. The petitioner, represented by Senior Counsel, contended that he was falsely implicated and deserved anticipatory bail since the investigation was concluded, and a charge-sheet was filed. The petitioner faced charges under multiple sections of the Indian Penal Code stemming from an incident in 2017, with a charge-sheet filed in 2018. Despite a previous order allowing bail if surrendered within 30 days, the petitioner failed to comply, leading to a non-bailable warrant and Section 82 Cr.P.C. proceedings due to continuous absconding. The trial court had noted a prima facie case against the petitioner, and the High Court's refusal of anticipatory bail was upheld by the Supreme Court, citing the petitioner's lack of cooperation, absconding status, and the seriousness of the charges. The Supreme Court found no grounds to interfere with the High Court's decision, resulting in the dismissal of the anticipatory bail application.

This judgment highlights the importance of cooperation with the investigating agency, as absconding and non-cooperation can adversely impact a petitioner's plea for anticipatory bail. The Court emphasized the seriousness of the charges, the filing of a charge-sheet, and the petitioner's continuous evasion as factors leading to the denial of anticipatory bail. The petitioner's failure to surrender despite a previous opportunity and the issuance of a non-bailable warrant were crucial in the Court's decision. The judgment serves as a reminder that absconding and lack of cooperation can weaken a petitioner's case for anticipatory bail, especially when facing severe criminal charges under the Indian Penal Code.