Blitz Bureau
THE Supreme Court recently observed that there would be no absolute embargo on accused seeking anticipatory bail despite being declared a proclaimed offender under Section 82 of Criminal Procedure Code (CrPC).
A Bench of Justices MM Sundresh and Aravind Kumar was of the view that while considering anticipatory bail of accused, a court has to see relevant factors such as the circumstances of the case, nature of the offence and the background based on which a proclamation under Section 82 of CrPC was issued.
The court was hearing a case of dowry death and abetment of suicide against a woman, one Asha Dubey (appellant), for the death of her daughter-in-law.
Dubey’s son, the husband of the deceased woman, was already in jail.
The prosecution argued that Dubey was also involved in the acts of harassment along with her son. She was booked under Sections 80 (dowry death), 85 (cruelty), 108 (abetment of suicide), 3(5) (common intention) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 and was apprehending arrest.
The Madhya Pradesh High Court had denied anticipatory bail to her. Aggrieved, she moved Supreme Court, saying she was not involved in the offence. The prosecution argued that since the appellant has been declared a proclaimed offender under section 82 CrPC, she cannot claim the benefit of anticipatory bail.
However, the Supreme Court rejected this argument and underscored that a declaration under Section 82 CrPC will not automatically bar consideration of anticipatory bail of an accused.
