A proclaimed offender is not entitled to grant of pre-arrest bail: High Court

Read Order: Bijay Singh v. Baldev Raj Chhabra 

Vivek Gupta

Chandigarh, July 14, 2021: Declining anticipatory bail to an accused who has been declared a proclaimed offender by a lower court, the Punjab and Haryana High Court has held that the law on the subject is very clear that a proclaimed offender is not entitled to grant of pre-arrest bail.

This petition under Section 438 Cr.P.C. read with Section 482 Cr.P.C. for pre-arrest bail was filed by the petitioner Bijay Singh, aged 60 years, a resident of Amritsar district.

He was accused in a criminal complaint filed by Baldev Raj Chhabra for offence under Section 138 of Negotiable Instruments Act, pending before Sub Divisional Judicial Magistrate, Abohar, District Fazilka, wherein the petitioner Bijay Singh was declared a proclaimed offender vide order dated 10.3.2021.

Deciding the matter, the bench of Justice HS Madaan stated that at the very outset, it may be stated that this petition is not maintainable and is doomed for failure.

“Pre-arrest bail is a discretionary relief and is to be granted in exceptional cases and not in routine. It is meant to save innocent persons from harassment and inconvenience and not to screen the culprits from arrest and custodial interrogation,” the Bench observed.

“The law on the subject is very clear that a proclaimed offender is not entitled to grant of pre-arrest bail. In State of Madhya Pradesh Versus Pradeep Sharma, the Apex Court has categorically observed that when an accused had absconded and declared as a proclaimed offender in terms of Section 82 Cr.P.C., he is not entitled to pre arrest bail,” held the HC.

Justice Madaan further said that this very view was earlier taken in another judgment by the Apex Court i.e. Jagtar Singh Versus Satendra Kaur @ Bhavana Gro ver & Ors, wherein it was observed that normally when accused are absconding, there is no question of granting anticipatory or regular bail.

“The petitioner having not appeared in the trial court in response to the process issued and having been declared proclaimed offender, the proper course for him was to appear in the trial court and give necessary explanation for not appearing in the trial court when summoned, then applying for grant of regular bail rather than approaching this Court claiming pre-arrest bail in an attempt to bye-pass the trial court of Sub Divisional Judicial Magistrate, Abohar, District Fazilka and seeking setting aside of order dated 10.3.2021 declaring him proclaimed offender,” the HC further stated.

The HC concluded, “This Court in judgment Mehnga Singh Versus State of Punjab, 2002 has observed that when an accused has been declared as proclaimed offender, a petition against the order under Section 482 Cr.P.C. is not maintainable and that the accused should first move the Court which declared him proclaimed offender and even an objection against validity of proclamation is required to be raised in the first instance before the Court which issued the proclamation and that power under Section 482 Cr.P.C. is not to be exercised in favour of a person, who is absconding or avoiding service. On that score also, the petition is bound to fail.”