The Hon'ble High Court dismissed a bail application filed in 2018 that had been adjourned five times. The court held that mere pendency does not accrue a right to bail, citing Apex Court precedent on rejecting routine delays to expedite justice.
Bail application is dismissed as being rendered infructuous by the efflux of time.
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Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1352 of 2018 Applicant :- Sunil Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Upadhyay,Rajesh Kumar,Rang Nath Pandey Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
"9. Today the judiciary and the justice delivery system is facing acute problem of delay which ultimately affects the right of the litigant to access to justice and the speedy trial. Arrears are mounting because of such delay and dilatory tactics and asking repeated adjournments by the advocates and mechanically and in routine manner granted by the courts. It cannot be disputed that due to delay in access to justice and not getting the timely justice it may shaken the trust and confidence of the litigants in the justice delivery system. Many a time, the task of adjournments is used to kill justice. Repeated adjournments break the back of the litigants. The courts are enjoined upon to perform their duties with the object of strengthening the confidence of common man in the institution entrusted with the administration of justice. Any effort which weakens the system and shake the faith of the common man in the justice dispensation has to be discouraged. Therefore the courts shall not grant the adjournments in routine manner and mechanically and shall not be a party to cause for delay in dispensing the justice. The courts have to be diligent and take timely action in order to usher in efficient justice dispensation system and maintain faith in rule of law."
Order Date :- 3.3.2023 Siddhant
Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad
1 issue framed by the court
Whether the long-pendency of the bail application without appearance renders it infructuous.
Colour shows how this judgement treated each authority
Ishwarlal Mali Rathod v. GopalExplained¶5
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Sunil
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Krishan Pahal
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