S. 82 CrPC Does Not Impose Any Restrictions On Filing Of Anticipatory Bail By Proclaimed Offenders: P&H HC
Context – Section 82 CrPC
Section 82 of the Code of Criminal Procedure, 1973 (CrPC) deals with Proclamation for person absconding.
If a person against whom a warrant has been issued is absconding or concealing himself, the Court may publish a written proclamation requiring him to appear at a specified place and time.
If he does not appear, he can be declared a “Proclaimed Offender” in certain cases.
Issue in Law
The question often arises:
👉 If a person has been declared a Proclaimed Offender under Section 82 CrPC, can he still apply for anticipatory bail under Section 438 CrPC?
Some High Courts earlier held that once a person is a Proclaimed Offender, anticipatory bail should not be entertained.
But the Punjab & Haryana High Court clarified otherwise.
Punjab & Haryana High Court’s View
Key Ruling
The Court held that Section 82 CrPC does not impose any bar on filing of anticipatory bail by proclaimed offenders.
Merely being declared a Proclaimed Offender does not automatically take away the right to seek anticipatory bail.
Reasoning of the Court
No Express Bar in CrPC
The Court noted that there is no explicit restriction in Section 82 CrPC or Section 438 CrPC that prevents a proclaimed offender from moving anticipatory bail.
Discretion of the Court
The power under Section 438 CrPC (anticipatory bail) is discretionary.
If circumstances justify denial (e.g., deliberate evasion of arrest, non-cooperation with investigation), the Court may refuse.
But the right to apply cannot be extinguished.
Principle of Liberty
Article 21 of the Constitution guarantees personal liberty.
Courts should not interpret statutes to deny a person’s fundamental right unless explicitly provided.
Case Reference
Punjab & Haryana High Court (Various cases including Gurbaksh Singh Sibbia v. State of Punjab principles applied).
In Gurbaksh Singh Sibbia v. State of Punjab (1980, SC), the Supreme Court laid down that anticipatory bail is part of the guarantee of personal liberty and should be interpreted broadly.
P&H HC applied this reasoning: Even proclaimed offenders can apply; it is up to the Court to grant or deny based on facts.
Key Takeaways
Section 82 CrPC allows a person to be declared a proclaimed offender if absconding.
No statutory bar exists against such a person applying for anticipatory bail under Section 438 CrPC.
Court’s discretion:
Application is maintainable.
Grant or rejection depends on conduct, seriousness of offence, and facts of the case.
Case law support:
Gurbaksh Singh Sibbia (1980) → anticipatory bail is part of personal liberty.
P&H HC rulings → anticipatory bail cannot be barred simply because of proclamation.
✅ Conclusion:
The Punjab & Haryana High Court clarified that being a proclaimed offender under Section 82 CrPC does not bar filing an anticipatory bail application. The maintainability remains intact, but grant of bail is at the discretion of the Court based on the merits of the case.
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