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State of Haryana vs Dharamraj

Not available · 2023 INSC 784Decided 29 Aug 2023
Not available
Ahsanuddin Amanullah · S.V.N. Bhatti

Background

The respondent was an accused in an FIR under several IPC sections including rioting and voluntarily causing hurt, later enhanced to include Section 364 IPC (kidnapping for murder, punishable with life imprisonment). He had been declared a "proclaimed offender" under Section 82 CrPC for evading court process, but nonetheless obtained anticipatory bail from a Single Judge of the Punjab and Haryana High Court months later. The State of Haryana appealed to the Supreme Court seeking cancellation of that anticipatory bail.

Decision Breakdown

The Supreme Court held that the High Court had erred on multiple counts: it wrongly relied on Arnesh Kumar v. State of Bihar (which limits arrest for offences punishable up to seven years) even though Section 364 IPC carries life imprisonment or ten years' rigorous imprisonment; and, more fundamentally, it overlooked settled law (Lavesh v. State (NCT of Delhi), Pradeep Sharma, Abhishek v. State of Maharashtra) that a person already declared a "proclaimed offender" for evading the court is ordinarily not entitled to anticipatory bail at all, absent truly exceptional circumstances. Since the respondent had not first challenged his proclaimed-offender status and no exceptional case was made out, the Court set aside the High Court's order and directed him to surrender within four weeks, while leaving him free to seek regular bail on its own merits.

Lesson Learnt

A person formally declared an "absconder" or "proclaimed offender" for dodging court proceedings loses the ordinary right to seek anticipatory (pre-arrest) bail. Courts should not grant such relief without the person first clearing that declared status, except in truly rare and exceptional circumstances.

Official source (sci.gov.in)View Judgment (PDF)

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