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2018 (6) TMI 1745 - HC - Indian LawsGrant of Anticipatory Bail - petitioner on an erroneous impression moved another application and the said petition came to be rejected on the ground that second petition under Section 438 of Cr.P.C. is not maintainable - HELD THAT:- The Hon’ble Supreme Court in Lavesh vs. State (NCT of Delhi) [2012 (8) TMI 1190 - SUPREME COURT] has held that when the accused is “absconding” and declared as a “proclaimed offender”, there is no question of granting anticipatory bail. We reiterate that when a person against whom a warrant had been issued and is absconding or concealing himself in order to avoid execution of warrant and declared as a proclaimed offender in terms of Section 82 of the Code he is not entitled to the relief of anticipatory bail. Since the petitioner had the benefit of the earlier order passed by the Sessions Court under Section 438 of Cr.P.C., the trial Court may consider the application for bail moved by the petitioner on the same day of his appearance before the Court - criminal petition is rejected.
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