Indian Kanoon - Search engine for Indian Law

NEUTRAL CITATION NO. 2025:MPHC-JBP:4526 2025:MPHC Sections 82 & 83 or Section 299 of CrPC have been initiated against the accused ?

(ii) Whether the anticipatory bail petition filed under Section 438 of CrPC is maintainable, when the accused has been declared as 'absconder/ proclaimed offender' under Sections 82 and 83 or Section ction 299 of CrPC by the authority competent ?"

3- Section 82/83 Cr.P.C. is transient provision subject to finality of proceedings as provided under Sections, 84, 85 and 86 of Cr.P.C."

7. The he learned Single Judge noticing the different views thought it appropriate to refer the matter to be considered by this Court on the aforesaid questions of law, law giving interim protection to the applicant till further orders of the Court.

15. Shri Alok Vagrecha, Va learned amicus curiae also addressed his argument to the effect that the application for anticipatory bail would be maintainable even if the charge-sheet charge sheet has been filed and a person has been declared as proclaimed offender. He has pointed out that the Code of Criminal Procedure has been amended and the Bharatiya Bhar Nagrik Suraksha Sanhita, 2023 has taken its place since 2023. He further argued that Section 82 and 83 of the Cr.P.C. (Now Sections 84 and 85 of the BNSS) BNSS come before section 438 of Cr.P.C. (now Section 482 of the BNSS) in the statute book.

23. The core questions question before us are that whether the anticipatory bail application filed under Section 438 of the Cr.P.C/482 of the BNSS is maintainable in case proceedings under Section 82 and 83 or section 299 of the Cr.P.C. have been initiated against the accused and in a situation where accused has been declared as absconder/proclaimed offender under Section 82/83 and 299 of the Cr.P.C.(84/85 (84/85 and 3335 of BNSS.