What is the meaning of proclaimed offender?
A Proclaimed Offender is the person absconding from the court proceeding where the court announces the particular individual as a transmitted offender and guides the concerned law enforcement authorities to capture the individual named in the proceeding and make him stand under the watchful eye of the court.
Can bail be revoked in India?
So yes, the court has inherent powers and discretion to cancel the bail of an accused even in the absence of supervening circumstances.
Can a proclaimed offender get anticipatory bail?
The Punjab and Haryana High Court has allowed a Proclaimed Offender to file for an Anticipatory Bail.
What is the difference between proclaimed person and proclaimed offender?
Pertinently, the Hon’ble High Court of Delhi in Sanjay Bhandai Case10, resolutely confirmed that a person who is accused of offences other than the ones enumerated in section 82(4) and qua whom a proclamation has been published under section 82(1) would be a ‘Proclaimed Person’ and shall not be deemed to be a ‘ …
Who can oppose bail?
The learned Public Prosecutor and counsel for the complainant have opposed the bail application. 4.
What is a section 82 proceedings?
Under section 82 of CrPC, a court can publish a proclamation requiring the accused to appear if the warrant issued against him cannot be executed. According to section 83 of CrPC, after issuing such a proclamation, the court may also order attachment of the proclaimed offender’s properties.
What is proclaimed offender in india?
Proclaimed Offender would be any offender who has suffered declaration after proclamation under Section 82 (1) or Section 82 (4) Cr.
When can a court declare a person to be proclaimed offender?
According to Section 82 of the Code of Criminal Procedure, 1973, “If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written …
Can bail be denied in bailable offence?
In bailable offences bail is a right and not a favour. In such offences there is no question of any discretion in granting bail. Bail can be claimed as of right and there is a statutory duty imposed upon the Police Officer as well as the Court to release a person on bail if he is prepared to give bail.
Can bail be rejected in bailable offence?
There is no manner of doubt that bail in a bailable offence can be claimed by accused as of right and the officer or the court, as the case may be, is bound to release the accused on bail if he is willing to abide by reasonable conditions which may be imposed on him.
Can victim oppose bail?
The intent of section 439 CrPC was thus to give an opportunity to the victim/informant to oppose the regular bail application and not interim bail application of the accused.
Can a proclaimed offender get bail?
A proclaimed offender has been given certain remedies that support him to get out of a situation where he has been misleadingly accused as a Proclaimed Offenders like NRIs. According to the Supreme Court, no anticipatory bail can be granted to a proclaimed offender.
Can a proclaimed offender be denied the benefit of anticipatory bail?
Certainly, a person declared as a proclaimed offender may not be denied the benefit of anticipatory bail in all circumstances.
What is a proclaimed offender proceeding?
A Proclaimed offender proceeding is an act of the court to affirm the person as the proclaimed offender. The court directs the concerned police officials to seize the person and produce him before the court. This is along with the publication in the newspaper of that person’s name and other details.
Can an absconder be granted anticipatory bail?
The High Court failed to appreciate that it is a settled position of law that where the accused has been declared as an absconder and has not cooperated with the investigation, he should not be granted anticipatory bail.”