No Exceptional Circumstances’: Delhi High Court Denies Anticipatory Bail to Proclaimed Offender in Cheating Case

The Delhi High Court on Thursday dismissed the anticipatory bail application of a man declared a proclaimed offender in a cheating case, stating that the case did not present any exceptional or extraordinary circumstances warranting such relief.

Justice Ravinder Dudeja passed the order while hearing the plea of Jagadish Das, who is facing prosecution under charges of cheating, criminal conspiracy, and criminal breach of trust under the Indian Penal Code. The case was registered by the Economic Offences Wing of the Delhi Police.

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The court observed that Das had persistently failed to comply with court directives, including ignoring non-bailable warrants and avoiding investigation, even after a proclamation had been issued declaring him a proclaimed offender.

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“The status report reveals the consistent disobedience of the petitioner to comply with the orders of the trial court,” the bench noted. “He failed to join the investigation and appear before it, despite the issuance of NBWs and process, illustrating his consistent disobedience.”

Referring to existing legal principles, the court reaffirmed that anticipatory bail cannot be granted to a proclaimed offender unless exceptional circumstances exist.

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“The present case does not form an exceptional or extraordinary case where this discretionary power of the court can be used. In the light of cumulative circumstances, the petitioner is not entitled to seek the benefit of pre-arrest or anticipatory bail,” the order stated.

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