Absconders can't get anticipatory bail: SC

NEW DELHI: The SC has directed all high courts not to grant anticipatory bail to accused persons who abscond and later, after their co-accused are acquitted on completion of trial, approach constitutional courts seeking protection from arrest.

A bench of Justices J B Pardiwala and Vijay Bishnoi set aside the Madhya Pradesh HC order that granted anticipatory bail to the absconding accused, directed him to surrender and apply for regular bail. It frowned upon the HC's direction to the trial court to grant bail on the day the accused moves the bail plea.

Justice Bishnoi, who wrote the judgment, said, “An absconder is not entitled to the relief of anticipatory bail as a general rule, however, in certain exceptional cases, where on a perusal of the FIR, case diary and other relevant materials on record, the court is of the prima facie opinion that no case is made out against the absconding accused, then the power of granting anticipatory bail may be exercised.”

The court noted that the accused was part of a mob who had not only fled but also threatened to kill an injured person for opposing his bail plea. The bench said the acquittal of the co-accused thus could not be grounds to grant him anticipatory bail as he had failed to cooperate with probe and delayed the trial.

“Granting the relief of anticipatory bail... sets a bad precedent and sends a message that the law-abiding co-accused persons who stood trial were wrong to diligently attend the process of trial and further, incentivises people to evade the process of law with impunity,” the SC said.

The bench directed the accused to surrender before the trial court within four weeks and seek regular bail.
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