SOBRAN BATHAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under section 438 of CrPC, 1973 has been filed for grant of anticipatory bail.

(2.) A preliminary objection has been raised by the State counsel that the police has filed the charge-sheet against the applicant showing him to be absconding and, therefore, in the light of the judgment passed by the Supreme Court in the case of State of M.P. v. Pradeep Sharma reported in (2014) 2 SCC 171, the present application for grant of anticipatory bail is not maintainable.

(3.) Refuting to the submissions made by the counsel for the State, it is submitted by the counsel for the applicant that in the case of Pradeep Sharma (supra) the proceedings under section 82 of CrPC, 1973 were already initiated, therefore, it was held that the application for grant of anticipatory bail is not maintainable but in the present case, there is nothing on record to show that any proclamations requiring the appearance of the applicant under section 82 of CrPC, 1973 has been issued. Therefore, the law laid down by the Supreme Court in the case of Pradeep Sharma (supra), would not apply.