Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 498, 435/439---Penal Code (XLV of 1860), S. 406---Criminal breach of trust---Pre-arrest bail, confirmation of---Further inquiry---Proclaimed offender---Record showed that earlier, accused was granted pre-arrest bail but he became absent and was declared proclaimed offender and later on, his bail was also got cancelled by the complainant---Alleged transaction, i.e. sale-purchase, did not, ipso facto, constitute "entrustment" and departure thereof a "criminal breach of trust"---Offence did not fall within the ambit of prohibitory clause of S. 497, Cr.P.C., even within the category of heinous crimes---Case appeared to be one of further inquiry and by holding so, he was allowed pre-arrest bail earlier, that too was a factor which, prima facie, supported the version of the accused regarding his false involvement and the fact that a civil nature lis had been attempted to be converted into criminal to settle the score---Allegation of jumping the concession of bail without repetition and keeping himself away from the process of law, in comparison with the facts, brought the pendulum down to the accused---Objection that in presence of order of cancellation of bail by the Court earlier, accused could not ask for to avail extraordinary concession of pre-arrest bail appeared to be somewhat harsh because not only the referred order was passed at his back but at the relevant time he was not a proclaimed offender, rather he was subsequently declared as such---Section 406, P.P.C., did not fall within the ambit of prohibitory clause and in the offences which were not included in the ambit of prohibitory clause, grant of bail was a rule and refusal an exception---First Information Report and the other material available on record showed that offence could be in the nature of S. 403, P.P.C., or S. 420, P.P.C., which were bailable and in such like case bail was granted as matter of right---When any accused succeeded to prove his case in the purview of further inquiry then he was entitled for bail as a matter of right and in that eventuality even remaining proclaimed offender of said accused, did not disentitle him from the bail…

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