Pankaj v. State of U.P.
Case brief
What is this about?
Court dismissed a bail application for want of prosecution as the applicant lost interest due to prolonged pendency, directing communication of the order below.
What did the court decide?
Application dismissed for want of prosecution.
What the court decided
Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37124 of 2015
Applicant :- Pankaj Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Bhushan Tiwari,Atul Kumar,Pramod Kumar Counsel for Opposite Party :- G.A.,Amit Daga
Hon'ble Naheed Ara Moonis,J.
The instant bail application has been filed on behalf of the applicant with a prayer that the applicant may be admitted to bail in Case Crime No.282 of 2014 under section 302 IPC , Police Station Aadarshmandi, District Shamli.
The instant bail application has been filed in the year 2015. It cannot be allowed to swing years together in the cloak of pendency. Mere pendency of the bail application cannot accrue any right in favour of the applicant. It appears that the applicant has lost his interest in pursuing the matter. The application is accordingly dismissed for want of prosecution.
Office is directed to communicate this order to the court below within a week through FAX. The court below shall proceed with the matter, expeditiously, in accordance with law.
Order Date :- 25.10.2018 Naim
Issues for consideration
2 issues framed by the court
Whether the bail application should be allowed after a long period of delay preventing further pursuit.
Whether the applicant has lost interest in pursuing the matter due to pendency.
Parties & counsel
- applicant
Pankaj
Coram
Naheed Ara Moonis
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/37124/2015
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