Criminal Procedure Code, 1973, S. 82, 482 – Accused could not be served through the ordinary process, including summons, bailable warrants, and even non-bailable warrants, and proceeded against under section 82 of CrPC and declared a proclaimed offender – Primary object of service is to secure the accused’s presence in trial – The petitioner has approached this court on its own, which establishes the bonafide at this stage – In the present case, the maximum sentence imposable for the offences mentioned in FIR does not exceed seven years – Arnesh Kumar v. State of Bihar, 2014 PLRonline 0200, 2014 SCeJ 001, (2014) 8 SCC 273, shall apply to this petition, wherein Hon’ble Supreme Court directed all the State Governments to instruct its police officers not to arrest the accused automatically when the offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine – Without adjudicating the explanation offered and stand taken by the petitioner, this court, in the exercise of its inherent powers under section 482 CrPC, deems it appropriate to grant a limited relief – Petitioner shall surrender before the concerned court on or before date given – On appearance, the concerned court shall release the petitioner on bail on the same day, subject to furnishing bail bonds to its satisfaction and imposing additional conditions, as it may deem appropriate – If the petitioner appears before the concerned court, then all warrants issued by the concerned court against the petitioner, in the matter shall stand recalled and cancelled.
Read Judgment : (2022-2)206 PLR 684
