"Normally, when the accused is 'absconding' and has been declared a 'proclaimed offender', there is no question of granting anticipatory bail," said Justice Manmohan.
The court, citing various Supreme Court judgements, said such a relief cannot be not given to an absconding accused who has been avoiding arrest and has been declared a proclaimed offender under the Criminal Procedure Code.
The court made the remarks while dismissing the anticipatory bail plea of one S L Maloo, a former director of five private firms, in a cheating case.
Maloo, who was once a director of five firms including complainant M/s Universal Finance Traders Ltd, had taken a loan of Rs one crore from creditor Sudesh Madhok after depositing title deed of a flat located at Tolstoy Marg here, the FIR said.
The accused then again tried to encash the property by "fraudulently transferring ownership rights" of the flat to complainant Universal Finance Traders Ltd, it said.
The complainant firm was later taken over by new management in 2007 through a share purchase agreement under a belief that the flat belonged to the firm, the FIR said.
The complainant firm, which was told that the original title deeds were missing, lodged the FIR after it came to know that the accused had offered to sell the flat to repay the loan of Rs one crore to creditor Madhok.
Madhok had filed a recovery suit against Maloo in the high court where he offered to sell the flat to repay the debt. MORE