Topic

proclamation notice

2 articlesLatest July 2026
CrPC Sections 82 & 83 | Proclamation Invalid Without Proof of Intentional Evasion + Proper Publication: Rajasthan HC
Case Law Analysis
|Rajasthan High Court

CrPC Sections 82 & 83 | Proclamation Invalid Without Proof of Intentional Evasion + Proper Publication: Rajasthan HC

The Rajasthan High Court has struck down a proclamation and attachment order against an accused who was away for livelihood, ruling that mere non-appearance due to absence from the registered address-without evidence of deliberate evasion-cannot trigger Sections 82 and 83 CrPC. The court emphasized that strict compliance with publication norms and a reasoned finding of intentional avoidance are mandatory safeguards under natural justice, protecting innocent absconders from punitive proceedings.

Section 438 CrPC | 25-Year Prosecutorial Delay & Prior Bail History Justify Anticipatory Bail : Karnataka HC
Case Law Analysis
|Karnataka High Court

Section 438 CrPC | 25-Year Prosecutorial Delay & Prior Bail History Justify Anticipatory Bail : Karnataka HC

Karnataka High Court grants anticipatory bail to a 64-year-old accused in a 25-year-old cheating case, holding that prolonged prosecutorial delay and prior bail compliance outweigh the gravity of the offence. The court directed the trial court to dispose of any bail application on the same day of filing, reinforcing the principle that undue delay violates the right to speedy trial under Article 21.