DEEPANKAR VISHWAS Vs. STATE OF M.P.

JUDGEMENT

(1.) By order dtd. 9/9/2022, the learned Single Judge referred following questions to be considered by this Court:- Court:

(2.) The facts in brief relatable to the present petitioner are that he is an accused in connection with Crime No.276/2019 registered at Police Station Omti, District Jabalpur for offences punishable under Ss. 420, 406 and 409/34 of the IPC. After the investigation, on 15.12 15/12/2020, a charge-sheet was as filed before the concerned Court showing him absconding. The proceedings under Ss. 82 and 83 of the Cr.P.C. were initiated against him.The him. petitioner was as declared proclaimed offender and a perpetual warrant of arrest was issued against him. The bail application filed by the petitioner before the trial Court seeking anticipatory bail under Sec. 438 of the Cr.P.C. was rejected vide order dtd. 25/4/2022.Thereafter, the petitioner approached this Court seeking anticipatory bail.

(3.) During the hearing before the learned Single Judge, a question of maintainability of the application for anticipatory bail was raised by the State. The he learned Single Judge was of the view that on this issue, there is a conflict of opinion as earlier in the case of Gaurav Malviya Vs. State of M.P. M.Cr.C.No.32950/2020 decided on 9/9/2020 as well as in Bhupendra Singh Vs. State of M.P. M.Cr.C.No.24897/2017 decided on 21/12/2017, 21.12.2 it was held that the application for anticipatory bail is not maintainable whereas in the case of Balveer Singh Bundela vs State of M.P.:: MCrC No.5621 of 2020 decided on 12/5/2020 12/5/2020, the coordinate Bench held that so so far as maintainability of anticipat anticipatory bail is concerned, it is maintainable even the person is declared absconder under Sec. 82 of Cr.P.C.