Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since accused have themselves come forward and have undertaken to appear before trial Court on each and every date, order declaring accused as proclaimed offender set aside...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Court is first required to record its satisfaction before issuance of process u/s 82 Cr.P.C and non-recording of satisfaction itself makes such order suffering from incurable illegality...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Conditions specified in S.82(2) Cr.P.C for publication of a proclamation against an absconder are mandatory - Any non-compliance therewith cannot be cured as an irregularity and renders the proclamation as nullity...........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - Provisions of S.82 Cr.P.C do not create an embargo on the power of High Court to grant anticipatory bail to a proclaimed person...........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - Petitioner has shown sufficient cause for her absence from the Court - Moreover, provision of S.82 Cr.P.C do not create an embargo on the power of High Court to grant anticipatory bail to a proclaimed person - Anticipatory bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation not published as per law - Occasion for applicant being declared as proclaimed offender not yet arise...........
Criminal Procedure Code, 1973, Section 482, 82 -- Quashing of order - Order declaring accused as proclaimed offender - No intentional absence of accused from Court proceedings - Accused undertakes not to absent from Court proceedings any further - Impugned order set aside - Accused directed to appear before trial Court...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Proclaimed offender not entitled to anticipatory bail - However, in an exceptional and rare case, Supreme Court or High Court can consider plea seeking anticipatory bail, despite the applicant being a proclaimed offender, given that Supreme Court and High Courts are Constitutional Courts...........
