Person Who Is Absconding And Evading Execution Of Warrant, Not Entitled To Anticipatory Bail: J&K&L HC

The Jammu and Kashmir and Ladakh High Court has held that a person against whom a warrant is pending and who is absconding and evading the execution of a warrant, is not entitled to the concession of anticipatory bail.

The Single Bench of Justice Javed Iqbal Wani reiterated the law laid down by the Apex Court in "Prem Shankar Prasad V. State of Bihar and Anr." that when the accused is absconding and declared as a proclaimed offender, there is no question of granting anticipatory bail.

In the present case a petition seeking anticipatory bail was filed in connection with offences punishable under Section 304/34 of Indian Penal Code.

As per the prosecution version, the accused-petitioner Amit Kumar Gupta had a financial dispute with the deceased and the petitioner along with one Mohd Shakeel alias Bolla with common and criminal intention gave overdose of a drug to the deceased resulting into his death.

It was claimed that the petitioner was innocent and had no criminal track record. It was submitted that police were hell bent to arrest the accused/petitioner in execution of general warrant of arrest issued by the Sessions judge Poonch.

On the other hand respondent-UT of J&K through Advocate Adrash Bhagat opposed the petition on the grounds that the petitioner-accused was involved in the commission of a heinous offence and that he was evading arrest since long.

The Court noted that "Prima-facie there is material on record connecting the accused/petitioner herein with the commission of alleged offence which cannot be overlooked or ignored by this court while dealing with the instant bail application."

The Court observed that it cannot remain oblivious of the fact that the accused/petitioner was absconding and that proceedings in this regard were against him by the Trial Court.

The Court further observed that the provisions of Section 438 CrPC which provide for direction for grant of bail to person apprehending arrest, is an extraordinary power vested with the High Court. The Court noted that such power has to be exercised only in exceptional cases where it appears that person may be falsely implicated or there are reasonable grounds holding that a person accused of an offence is not likely otherwise to misuse his liberty.

The Court while placing reliance on the Judgment of the Supreme Court in the case- "Prem Shankar Prasad V. State of Bihar and Anr.", held "It is a consistent view of the courts that a person against whom a warrant who is absconding and evading the execution of a warrant, is not entitled to the concession of anticipatory bail."

Accordingly, the plea seeking anticipatory bail was dismissed.

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