PRAKASH PATEL Vs. STATE OF C.G.

JUDGEMENT

(1.) Focal question to be considered is whether an accused who was granted bail and thereafter while proceeding under Section 299 of the Code of Criminal Procedure. 1973 (hereinafter referred to as "Cr.P.C."), he was declared absconded and standing warrant of arrest has been issued is entitled for privilege of anticipatory bail under Section 438 of the Cr.P.C. Apprehending arrest in connection with Crime No. 187/2006, registered at Police Station Kota, District Bilaspur (C.G.), for the offence punishable under Sections 279, 337 of Indian Penal Code and Sections 5/18, 49/192, 146/196 of Motor Vehicles Act, the applicant has filed this application under Section 438 of the Cr.P.C. for grant of anticipatory bail.

(2.) Learned First Additional Session Judge, Bilaspur by its order dated 25/08/2014 rejected the application of the applicant for grant of anticipatory bail holding that applicant has already been declared as absconder by order dated 03/09/2012, therefore, he is not entitled for privilege of anticipatory bail. Order dated 03/09/2012 reads as follows:--

(3.) Appearing for the applicant Mr. Goutam Khetrapal, learned counsel would submit that though standing warrant of arrest has been issued against the applicant by the jurisdictional criminal Court yet, he is entitled to maintain an application under Section 438(1) of the Cr.P.C. for grant of anticipatory bail in law and as such, issuance of standing warrant of arrest will not come in his way to claim privilege of anticipatory bail under Section 438 of the Cr.P.C.