Code of Criminal Procedure, 1973: s.438 – Anticipatory bail
– FIR lodged by appellant against respondent no.2 for offences
punishable under ss.406, 407, 468 and 506 IPC – A warrant of
arrest issued by Magistrate – Thereafter, respondent no.2 was
absconding and concealed himself to avoid service of warrant of
arrest – Magistrate issued a proclamation against respondent no.2
under s.82 CrPC – Thereafter respondent no.2 filed anticipatory
bail application before trial court which was dismissed – However,
High Court allowed the anticipatory bail application – Complainant
filed instant appeal challenging the anticipatory bail granted to
respondent no.2 – Held: After investigation, a charge-sheet was
filed against respondent no.2 for the offences punishable under
ss.406, 420 of IPC – Thus, it was found that there was a prima facie
case against him – Arrest warrant was issued by the Magistrate
and thereafter proceedings under ss.82-83 of Cr.PC were initiated
pursuant to the order passed by the Chief Judicial Magistrate –
High Court just ignored the factum of initiation of proceedings under
ss.82-83 of Cr.PC– The aforesaid relevant aspect on grant of
anticipatory bail ought not to have been ignored by the High Court
and ought to have been considered by the High Court very seriously
and not casually – Thus, the High Court committed an error in
granting anticipatory bail to respondent No.2 ignoring the
proceedings under s.82-83 of Cr.PC.