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High Court of DelhiBAIL APPLN./304/2018

Kamal Solanki v. The State Govt Of NCT Of Delhi & ORS

2018-02-07Hon'Ble Ms. Justice Anu Malhotra1 pages

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 304/2018 & CRL.M.A. 2364/2018 KAMAL SOLANKI ..... Petitioner Through:

Jaiveer Choudhary, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondent Through:

Mr. Ashish Dutta, APP for State with W/SI Rachan, PS Subzi Mandi.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 07.02.2018 Vide the present application, the applicant seeks grant of anticipatory bail which is, at the outset, opposed on behalf of the State submitting inter alia to the effect that the applicant has since been declared a Proclaimed Offender vide order dated 01.01.2017 in FIR 175/17, PS Subzi Mandi in the present application vide order of the MM-07, Delhi. In view of the verdict of the Apex Court in Lavesh Vs. State of NCT of Delhi 2012ACR3525, which categorically lays down to the effect vide observations in Para 10 thereof that when a person has been absconding and concealing himself in order to avoid execution of warrant and has been declared a Proclaimed Offender in terms of Section 82 Cr.PC, 1973 is not entitled to be released on anticipatory bail, the application is declined. ANU MALHOTRA, J FEBRUARY 07, 2018/vm