Dismissed¶12

Aakash Kesherwani v. State of U.P. and 3 Others

Allahabad HC24 May 2023ABAIL/514/2023

Case brief

AI extract

What is this about?

Allahabad High Court; Krishan Pahal, J.; 24.5.2023; 2023:AHC:117005; Criminal Misc Anticipatory Bail Application U/S 438 Cr.P.C. No. 514 of 2023; Aakash Kesherwani v. State of U.P.; anticipatory bail dismissed as infructuous; non-appearance of applicant on last three occasions; Section 438(5) CrPC thirty-day disposal mandate; Satender Kumar Antil v. CBI 2022 SCC Online SC 825 six-week disposal; Ishwarlal Mali Rathod v. Gopal (2021) 12 SCC 612 no routine adjournments; efflux of time; interim protection vacated.

What did the court decide?

Under Sub-Section 5 of Section 438 Cr.P.C., an anticipatory bail application is to be finally disposed of within thirty days of the date of such application. ¶9

Aakash Kesherwani Vs State of U.P. and 3 Others — Anticipatory Bail | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Dismissed

¶12

Issue for consideration

Whether the anticipatory bail application filed on 12.1.2023, in which the applicant did not appear on the last three occasions, should be finally disposed of rather than kept pending, having regard to the disposal timelines under Section 438(5) Cr.P.C. and the law laid down by the Apex Court. +1 more

¶8

Court's answer

Under Sub-Section 5 of Section 438 Cr.P.C., an anticipatory bail application is to be finally disposed of within thirty days of the date of such application.

¶9

Ratio / Principle

An anticipatory bail application cannot be allowed to swing years together in the cloak of pendency.

¶8

Key takeaways

Either the trial has concluded or the applicant has lost interest in pursuing the matter; therefore, by efflux of time, the application seems to have been rendered infructuous.ratio¶11
The anticipatory bail application is dismissed as infructuous.ratio¶12
Interim protection granted, if any, stands vacated.ratio

Detailed headnote1 paragraphs

Anticipatory bail application under S.438 Cr.P.C. (Criminal Misc. AB Application No. 514 of 2023, applicant Aakash Kesherwani) dismissed as infructuous by the High Court of Judicature at Allahabad (Krishan Pahal, J.; order dated 24.5.2023). Filed on 12.1.2023, the application had seen no appearance by the applicant on the last three occasions, and State counsel could not apprise the Court of the trial's status. The Court noted that Sub-Section 5 of Section 438 Cr.P.C. requires final disposal of an anticipatory bail application within thirty days of filing, and that the Apex Court in Satender Kumar Antil vs. CBI, 2022 SCC Online SC 825 (para-73(k)) expects disposal within six weeks; relying also on Ishwarlal Mali Rathod vs. Gopal, (2021) 12 SCC 612 (adjournments not to be granted routinely or mechanically), it held that the application could not be allowed to swing years together in the cloak of pendency. Observing that either the trial had concluded or the applicant had lost interest, the Court dismissed the application as infructuous by efflux of time and vacated any interim protection granted.

Aakash Kesherwani v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Aakash Kesherwani v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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