At Least 30 Days Period From Date Of Publication Of Proclamation U/S 82 CrPC Has To Be Given To Absconding Accused For Appearance: Bombay HC
The Bombay High Court observed that per Section 82(1) of the Criminal Procedure Code, 1973 (CrPC), at least 30 days from the date of publication of proclamation is required to be afforded to an absconding accused to cause appearance.
The Court allowed an Application challenging a proclamation order, contending that the said impugned order directs a shorter appearance period contrary to the mandated.
The Court noted that the period appeared less than 30 days as the order was passed on November 29 2-023 and the directed appearance on December 4, 2023.
“Section 82(1) of the Cr.P.C. mentions that, specific time cannot be less than 30 days from the date of publishing such proclamation”, the Bench of Justice Sarang V. Kotwal observed.
Advocate Aashish Satpute appeared for the Applicant and Additional Public Prosecutor Sangita D. Shinde appeared for the State.
The Applicant filed before the High Court challenging a proclamation issued under Section 82 of the CrPC, contending that it directs a shorter appearance period contrary to the mandated 30 days.
The Court accepted the Applicant’s contention that the investigating agency may pursue alternative remedies if the order is set aside. The impugned order mentioned the issuance of an arrest warrant, and the Court observed that the Applicant was directed to appear on December 04 202304, raising concerns about compliance with the statutory 30-day period.
The Bench noted that per Section 82(1) of the CrPC, the time specified in a proclamation for a person absconding cannot be less than 30 days from the date of publishing. The Court, emphasized that the period in this case, with the order passed on November 29 2-023 and the directed appearance on December 4 2023 appears to be less than the mandated 30 days.
Accordingly, the Court allowed the Application and set aside the impugned order.
Cause Title: Deepak Sitaram Modhe v State of Maharashtra (2023:BHC-AS:39135)
