The High Court rejected a bail application pending since 2014 due to the lack of any representative present for the applicant to press the matter. The judgment cites Supreme Court guidelines on disposal timelines but ultimately dismisses the request.
Bail application rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2644 of 2015
Applicant :- Ravi Opposite Party :- State Of U.P. Counsel for Applicant :- S.P. Tewari Counsel for Opposite Party :- Govt.Advocate
Hon'ble Pradeep Kumar Singh Baghel,J.
List is revised. No one is present on behalf of the applicant to press this bail application.
The Supreme Court in Special Leave Petition (CRIMINAL) Diary No. 36869 of 2017 (Sanjay Dubey @ Rajesh Dubey vs. Central Bureau of Investigation Anti Corruption Bureau Ghaziabad) in the order dated 29.11.2017 has observed that ordinarily the bail applications be disposed of within a period of one month. The relevant part of the order is in the following terms:-
"In judgement of this Court in Hussain and Another vs. Union of India (2017) 5 SCC 702 , this Court observed that in view of mandate of Article 21, the High Courts may dispose of the bail matters within a period of one month ............"
In the instant case, this first bail application is pending since 2014. No one is present to press it.
Accordingly, the bail application is rejected.
Order Date :- 19.1.2018 SKT/-
2 issues framed by the court
Whether bail should be granted to the applicant in the absence of representation when the application has been pending for a long period.
Whether the High Court is justified in rejecting the bail application on grounds of absence of counsel despite prolonged pendency.
Colour shows how this judgement treated each authority
Sanjay Dubey @ Rajesh Dubey vs. Central Bureau of Investigation Anti Corruption Bureau GhaziabadReferred¶6
Special Leave Petition (CRIMINAL) Diary No. 36869 of 2017 (Sanjay Dubey @ Rajesh Dubey vs. Central Bureau of Investigation Anti Corruption Bureau Ghaziabad)
Hussain and Another vs. Union of IndiaReferred¶7
Hussain and Another vs. Union of India (2017) 5 SCC 702 · Who else cites this
Ravi
Pradeep Kumar Singh Baghel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Pradeep Kumar Singh Baghel
Parties & counsel
