TMI Blog2023 (9) TMI 534X X X X Extracts X X X X X X X X Extracts X X X X ..... tion was duly published in the manner specified in clause (i) of sub-section (2) - When the proclamation has not even been published as per the law, the occasion for the applicant being declared a proclaimed offender under Sub-section (4) of Section 82 Cr.P.C has not yet arisen. It is the rule deducible from the application of law to the facts and circumstances of a case which constitutes its ratio decidendi and not some conclusion based upon facts, more particularly when the facts are not even remotely similar. As the applicant has not been declared to be a proclaimed offender as yet and the bar created by the principle of law laid down by the Hon ble Supreme Court in Lavesh [ 2012 (8) TMI 1190 - SUPREME COURT ] does not apply to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bhash Vidyarthi, J. For the Applicant : Shitla Prasad Tripathi,Amresh Singh For the Opposite Party : Anurag Kumar Singh ORDER Hon ble Subhash Vidyarthi J. 1. Heard Sri. Arpit Chaudhary Advocate, holding brief of Sri. Shitla Prasad Tripathi Advocate, the learned Counsel for the applicant and the learned Counsel for the respondent C.B.I. and perused the record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing R.C. No. 220/2022/E0011-CBI/EO-11/ND, under Sections 120-B, read with 419, 420 I.P.C. and Section 7 (c), 13(1)(a) read with 13(2) of Prevention of Corruption Act, 1988, registered at Police Station CBI/EO-II/New Delhi, District New Delhi. 3. The afor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the town or village in which such person ordinarily resides; (b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; (c) a copy thereof shall be affixed to some conspicuous part of the Court house; (ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides. (3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me conspicuous part of the Court house or that it has been published in a daily newspaper circulating in the place in which the applicant ordinarily resides, which are the modes of publication mandated in Sub-section (2) of Section 82 Cr.P.C. 7. The Court issuing the proclamation has not made any statement in writing as provided in Sub-section (3) of Section 82 Cr.P.C. to the effect that the proclamation was duly published in the manner specified in clause (i) of sub-section (2). 8. When the proclamation has not even been published as per the law, the occasion for the applicant being declared a proclaimed offender under Sub-section (4) of Section 82 Cr.P.C has not yet arisen. 9. In Lavesh (Supra) the applicant had been declared a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 30 days and applies for bail, his prayer for bail shall be considered and during that period, no coercive steps shall be taken against the applicant. Despite having taken the benefit of the order dated 10.12.2019, the petitioner did not surrender and apply for grant of bail. Thereafter, a non-bailable warrant was issued against him and proceedings under Section 82 Cr.P.C. were initiated. In this factual background, the Hon ble Supreme Court held that a prima facie case was found against the petitioner for the aforesaid offences, charge-sheet has been filed against him and he was absconding. Therefore, it was not a fit case to grant anticipatory bail to the petitioner. 12. While dismissing the S.L.P on the aforesaid grounds, the Hon ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Customs Act, 1962, provides that the offence will be non-cognizable and bailable. 16. The C.B.I. has registered F.I.R. on the basis of allegations, which are already the subject matter of a complaint filed by the Directorate of Revenue Intelligence. The C.B.I. inter alia alleges commission of offence under the Prevention of Corruption Act, 1988 and the applicant is not a public servant. 17. A co-accused Ajeet Tiwari, from whom 22,000 sticks of imported cigarettes were recovered has been granted anticipatory bail by means of an order dated 24.07.2023 passed by this court in Criminal Misc. Anticipatory Bail Application No. 664 of 2023. 18. Having considered the aforesaid facts and circumstances of the case and keeping in view t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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