Questions 2 and 3 were answered simultaneously.
Q2. If a person went abroad after knowing that he is an accused in a non-bailable offence and thereafter, files a bail application under Section 438 CrPC, should the bail court entertain it?
Q3. If a person went abroad after knowing that he is an accused in a non-bailable offence and thereafter, files a bail application, is he entitled for interim bail, as per Section 248(1) CrPC?
Answer: The division bench said that the answers to these two questions are essentially linked to the factual premises stated in them. Such factually premised issues can be determined only when understood in the context of the actual facts and circumstances of the case and not in the abstract, the bench opined.
So, while considering the grant of anticipatory bail and interim anticipatory bail, courts must examine general aspects such as whether the accused was already abroad when the crime was registered, and if not, did he go abroad for employment or other bona fide reasons.
Source: Barandbench
