Absconders can’t get anticipatory bail: SC | India News
NEW DELHI: The SC has directed all high courts not to grant anticipatory bail to accused persons who are absconding and later, after their co-accused are acquitted at the end of trial, approach the Constitutional Court seeking protection from arrest. A bench of Justices JB Pardiwala and Vijay Bishnoi set aside the Madhya Pradesh High Court’s order granting anticipatory bail to the absconding accused, directing him to surrender and apply for regular bail. The accused defied the High Court’s direction to the trial court to grant bail on the same day as the bail application.Justice Bishnoi, who wrote the judgment, said, “An absconder is not entitled to the relief of anticipatory bail as a general rule, but, in certain exceptional cases, where on perusal of the FIR, case diary and other relevant materials on record, the court is prima facie of the opinion that no case is filed against the accused, the power may be granted against the accused. Exercised.”The court noted that the accused was part of a mob that not only fled but also threatened to kill an injured person to oppose his bail plea. The bench held that the acquittal of the co-accused thus could not be a reason for granting him anticipatory bail as he had failed to cooperate with the investigation and delayed the trial.“Granting anticipatory bail relief… sets a bad precedent and sends a message that it was wrong for law-abiding co-accused persons who stood trial to diligently attend the trial process and further, incite people to evade the process of law with impunity,” the SC said.The bench directed the accused to surrender before the trial court within four weeks for regular bail.
