The Supreme Court set aside an order of the Madhya Pradesh High Court granting anticipatory bail to an accused who had remained absconding for nearly six years in a murder case arising out of political rivalry.
Allowing an appeal filed by the original complainant, a Bench of Justices J.B. Pardiwala and Vijay Bishnoi held that the High Court had erred in directing that the accused be granted bail on the same day of surrender merely because the co-accused had been acquitted after trial. The Court said that such acquittal cannot, by itself, constitute a “change in circumstance” for an accused who deliberately evaded investigation and trial.
The Court noted that the accused had been absconding since the incident in June 2017, rewards were announced for his arrest, and he faced allegations of threatening an injured eyewitness who opposed his bail plea. It also took into account the serious nature of the offences, including murder and attempt to murder, the accused’s criminal antecedents, and the fact that firearms allegedly used in the crime were yet to be recovered.
The Supreme Court reiterated that, as a general rule, an absconding accused is not entitled to anticipatory bail and that findings recorded in a trial conducted in the absence of such accused cannot be relied upon to grant pre-arrest protection. Granting anticipatory bail in these circumstances, the Court observed, would send a wrong message and incentivise evasion of the legal process.
Setting aside the High Court’s order, the Supreme Court directed the accused to surrender before the competent court within four weeks. It clarified that the accused would be free to apply for regular bail thereafter, which would have to be considered independently and in accordance with law.
Appearances:
For Petitioner(s) : Mr. Divyakant Lahoti, AOR; Ms. Vindhya Mehra, Adv.; Ms. Samridhi Bhatt, Adv.; Mr. Rahul Maheshwari, Adv.; Ms. Praveena Bisht, Adv.; Mr. Kartik Lahoti, Adv.; Mr. K Vinayakam Gupta, Adv.; Mr. Siddharth Tripathi, Adv.; Ms. Akanksha Soni, Adv.; Ms. Shubheksha Dwivedi, Adv.
For Respondent(s) : Mr. Pashupathi Nath Razdan, AOR; Ms. Maitreyee Jagat Joshi, Adv.; Mr. Astik Gupta, Adv.; Ms. Akanksha Tomar, Adv.; Mr. Mohd. Ibrahim, Adv.; Mr. Shivashish Joshi, Adv.; Mr. Pranav Diesh, Adv.; Mr. Ashutosh Kumar, AOR
