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Supreme Court of India 2021-10-21 allowed

Prem Shankar Prasad vs State of Bihar & Anr

Bench: 2 — M.R. Shah

In Brief

The Supreme Court set aside the High Court's order granting anticipatory bail to an accused who had been declared a proclaimed offender under section 82 of the Code of Criminal Procedure. The Court held that a person against whom a proclamation is issued and who is absconding is not entitled to anticipatory bail, regardless of whether the charges arise from a business transaction. The Court relied on its precedent that anticipatory bail is an extraordinary remedy not available to absconders. It allowed the original informant's appeal and quashed the High Court's order, giving the accused two weeks to surrender and thereafter allowing him to seek regular bail on merits.

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Criminal Procedure Bail Anticipatory Bail Criminal Law Absconder Proclaimed Offender

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