Niwas Madhusudhan Raut v. The State Of Maharashtra

ssm 1 14-aba367.18.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 367 OF 2018 Niwas Madhusudhan Raut ....Applicant.

Vs.

The State of Maharashtra ....Respondent.

Mr. Aniket Nikam i/by Aashish Satpute for the Applicant. Mr. S.S. Hulke APP, for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 19th JUNE, 2018.

P.C.:- This is a subsequent Application for pre-arrest bail. The earlier Application bearing Anticipatory Bail Application No. 1294 of 2016 preferred by the Applicant for pre-arrest bail was dismissed as withdrawn by this Court by its Order dated 6th October 2016.

Inspite of the said fact, till date the Applicant has not been arrested.

The learned APP submitted that the learned Judicial Magistrate, First Class, Vasai has already issued a proclamation under Section 82 of the Code of Criminal Procedure against the Applicant. 1/2

ssm 2 14-aba367.18.sxw The Supreme Court in the case of Lavesh Vs. State (NCT of Delhi), (2012) 8 SCC 730, while reiterating the legal position has held that, "when a person against whom a warrant had been issued and is absconding and/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." The said view has been followed in the case of State of Madhya Pradesh Vs. Pradeep Sharma, reported in (2014) 2 SCC 171, and it is further held that "if anyone is declared as an absconder/proclaimed offender in terms of Section 82 of the Code, he is not entitled to the relief of anticipatory bail." In view of the above, the present Application does not deserve to be considered.

Application is accordingly rejected.

(A.S. GADKARI, J.) 2/2