Sunil Chhikara v. State

$~66 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 425/2024 & CRL.M.A. 3674/2024, CRL.M.A. 3675/2024, CRL.M.A. 3676/2024 SUNIL CHHIKARA ..... Applicant Through:

Mr.

Yogesh Swaroop, Adv. (through VC) versus STATE ..... Respondent Through:

Mr. Pradeep Gahalot, APP for the State with SI Sudhir Yadav, PS Nabi Karim.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 05.02.2024 1.

It is not denied that the applicant has been declared a proclaimed offender by the order dated 31.07.2023, passed by the learned Trial Court. The proceedings under Section 82 of the Code of Criminal Procedure, 1973 (CrPC), have not been challenged.

2.

The Hon'ble Apex Court, in the case of Lavesh v. State (NCT of Delhi) : (2012) 8 SCC 730, has observed as under: "12. ....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 anticipatory bail." (emphasis added) 3.

In view of the above, the present application is dismissed. AMIT MAHAJAN, J FEBRUARY 5, 2024 / 'KDK'

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