Balmukund Singh Gautam vs. State of Madhya Pradesh and Anr. (2026)

Supreme Court sets aside anticipatory bail granted to absconding accused in murder aase, holding that absconders cannot benefit from co-accused's acquittal
Supreme Court of India

Legal Provisions Involved: Sections 82, 83, 173(8), 437(3), 438, 439(2), 372 of the Code of Criminal Procedure, 1973; Sections 147, 148, 149, 294, 302, 307, 323, 341, 427, 506 of the Indian Penal Code, 1860; Sections 25 and 27 of the Arms Act, 1959

Judgement by: Supreme Court of India

Judge/Bench: Justice J.B. Pardiwala and Justice Vijay Bishnoi

Facts

The complainant alleged that the accused, along with others, fired gunshots at his party, killing one Bablu Chaudhary and injuring Shailendra alias Pintu. The accused remained absconding since the incident and never cooperated with the investigation.

Key Legal Provisions

Sections 82, 83, 173(8), 437(3), 438 of the Code of Criminal Procedure, 1973; Sections 147, 148, 149, 294, 302, 307, 506 of the Indian Penal Code, 1860; Sections 25 and 27 of the Arms Act, 1959

Issues raised

  1. Whether an absconding accused is entitled to anticipatory bail?
  2. Whether acquittal of co-accused constitutes a “change in circumstance” justifying grant of anticipatory bail to the absconding accused?

Arguments of the case

The Appellant argued that the accused had been absconding for over six years and was declared a proclaimed offender while the Respondent (Accused) argued that no valid proclamation under Section 82 CrPC was ever issued. 

Judgement

The Supreme Court allowed the appeal and set aside the order granting anticipatory bail. The Court held that an absconder is generally not entitled to anticipatory bail and cannot benefit from the acquittal of co-accused.

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