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No anticipatory bail to absconding accused: SC

"Normally, when the accused are absconding, there is no question of granting anticipatory or regular bail," a bench comprising Justice M B Shah and Justice D M Dharmadhikari said in a recent order.

In the Bhatnagar murder case, Indian Police Service officer R K Sharma, who had been evading arrest, had unsuccessfully sought anticipatory bail from courts at Chandigarh. His fresh anticipatory bail application is pending in the Delhi high court.

The apex court gave this order on Monday in a case where three persons, accused in a dowry death case, were granted short-term bail by the Uttaranchal high court. The father of the deceased challenged the high court order in the apex court through counsel S Muralidhar.

Appearing for the State, counsel Ajay Kumar Agrawal said that at present the accused persons were absconding.

The bench noted that neither the high court nor the sessions court had granted anticipatory bail to the accused.

"Hence, it would be open to the investigating officer to arrest the respondents," the bench said and adjourned the matter for four weeks.

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