AMIT DWIVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the applicant's first application under Section 438 Cr.P.C, for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.06/2020, registered at Police StationDepalpur, District-Indore for commission of the offence punishable under Sections 420, 467, 468, 471 and 120-B of the IPC.

(2.) Learned senior counsel has argued at length and also on the point that the application for anticipatory bail is maintainable despite an order under Section 82 of the Cr.P.C. wherein an accused is declared as proclaimed offender is maintainable. It is also contended that the order passed under s.82 of Cr.P.C. is also bad in law. Learned senior counsel has relied upon the decision rendered by the Gwalior Bench of this Court in the case of Balveer Singh Bundela vs. State of Madhya Pradesh passed in M.Cr.C.No.5621/2020 and it is submitted that in the aforesaid decision the Gwalior Bench has clearly laid down the law after taking into consideration of the decision rendered by the Supreme Court in the case of Lavesh vs. State (NCT of Delhi), 2012 8 SCC 73 as well as in the case of State of Madhya Pradesh vs. Pradeep Sharma, 2014 2 SCC 171and it is further submitted that while passing of the aforesaid order this Court has also relied upon the decision of the Larger Bench of the Supreme Court in the case of Gurbaksh Singh Sibbia vs. State of Punjab, 1980 AIR(SC) 1632. In such circumstances, learned senior counsel has prayed for grant of anticipatory bail.

(3.) Learned counsel for the State, on the other hand, has opposed the prayer.