Pending anticipatory bail application, accused evading arrest cannot be said to be absconding, says Bombay HC


Where it was contended by accused persons that during the pendency of their applications seeking pre-arrest bail, investigating agency has issued proclamation against them under section 82 of the Code of Criminal Procedure, 1973, it was held by the Bombay High Court that when the anticipatory bail applications under section 438 of the Code of Criminal Procedure, 1973, are pending before any court of law, it cannot be said that the accused are absconding. It only means that the accused are evading arrest to take their applications under section 438 of the Code of Criminal Procedure, 1973 to its logical end. In view of this, proclamation issued against present applicants shall not be acted upon during the pendency of the hearing of these applications. These directions were issued by a single bench of Justice Smt. Sadhana S. Jadhav of Bombay High Court on 1 December 2016 in the case of Nitin Chandrrkant Kadam V/s. The State of Maharashtra [Criminal Anticipatory Bail Application No. 1880 of 2016] and 5 other cases tagged therewith.

In the presents case, the applicants were policemen who were accused of being involved in a criminal conspiracy of a case of death in police custody of the deceased Raosaheb Laxman Jadhav in Karve Naka Police Chowky in Mumbai.

The high court held that these applicants deserve ad-interim relief as they have undertaken to cooperate with the investigating agency to the best of their capacity. It had been submitted that  the applicants who are fresh recruits, having put in service for just about two years are being punished for the misdeeds of their seniors. The high court directed that by way of ad-interim relief, in the event of arrest, applicants be enlarged on bail on furnishing P.R. bond in the sum of Rs. 25,000/- each with one or more sureties in the like amount.


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