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TMI Blog2023 (9) TMI 534X X X X Extracts X X X X X X X X Extracts X X X X ..... eking anticipatory bail in F.I.R. bearing R.C. No. 220/2022/E0011-CBI/EO-11/ND, under Sections 120-B, read with 419, 420 I.P.C. and Section 7 (c), 13(1)(a) read with 13(2) of Prevention of Corruption Act, 1988, registered at Police Station CBI/EO-II/New Delhi, District New Delhi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.08.2022 against 19 named persons, including the applicant, and some unknown public servants and private persons, stating that a written complaint dated 01.07.2022 had been received from the Assistant Commissioner, Directorate General of Vigilance, Indirect Taxes and Customs of Lucknow Zonal Unit regarding smuggling of contraband goods of foreign origin like gold (5501.99 grams), reput ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h person ordinarily resides. (3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day. (4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under Section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required by the proclamation, the Court may, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... When the proclamation has not even been published as per the law, the occasion for the applicant being "declared" a proclaimed offender under Sub-section (4) of Section 82 Cr.P.C has not yet arisen. 9. In Lavesh (Supra) the applicant had been declared a proclaimed offender and in these circumstances, the Hon'ble Supreme Court had held that:- "Normally, when the accused is "absconding" and declared as a "proclaimed offender", there is no question of granting anticipatory bail. We reiterate that when a person against whom a warrant had been issued and is absconding or concealing himself in order to avoid execution of warrant and declared as a proclaimed offender in terms of Section 82 of the Code he is not entitled to the relief of anticip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner for the aforesaid offences, charge-sheet has been filed against him and he was absconding. Therefore, it was not a fit case to grant anticipatory bail to the petitioner. 12. While dismissing the S.L.P on the aforesaid grounds, the Hon'ble Supreme Court observed in Sanatan Pandey (Supra) that "the court shall not come to rescue or help of the accused who is not cooperating the investigating agency and absconding and against whom not only non-bailable warrant has been issued but also the proclamation under Section 82 Cr.P.C has been issued." 13. It is the rule deducible from the application of law to the facts and circumstances of a case which constitutes its ratio decidendi and not some conclusion based upon facts, more particularly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icipatory bail by means of an order dated 24.07.2023 passed by this court in Criminal Misc. Anticipatory Bail Application No. 664 of 2023. 18. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged recovery was made on 19.12.2019 but the F.I.R has been lodged on 10.08.2022 and there is no explanation for the delay in lodging the F.I.R.; that the substantive offence allegedly committed by the applicant is non-cognizable, bailable and carries a maximum punishment of imprisonment upto 3 years; that although the C.B.I. has alleged commission of offences under the Prevention of Corruption Act, 1988, the applicant is not a public servant; that the applicant has no other criminal history ..... X X X X Extracts X X X X X X X X Extracts X X X X
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