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Supreme Court of India 2023-08-29 allowed

STATE OF HARYANA vs DHARAMRAJ

Bench: 2 — Ahsanuddin Amanullah, S.V.N. Bhatti

In Brief

The State of Haryana appealed against a High Court order granting anticipatory bail to a declared proclaimed offender charged under various sections of the IPC, including section 364 (carrying life imprisonment). The Supreme Court set aside the bail, holding that a proclaimed offender ordinarily cannot obtain anticipatory bail and must first challenge the proclamation order. The Court found the High Court wrongly relied on Arnesh Kumar's principles (applicable to offences ≤7 years) despite the charge including section 364. The respondent was directed to surrender within four weeks and seek regular bail on merits.

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Criminal Procedure Bail and Anticipatory Bail Proclaimed Offender Criminal Law

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