In this criminal bail application, the High Court dismissed the petition due to prolonged pendency, failure of the applicant to appear for hearings, and lack of interest in pursuing the matter, citing the need to avoid mechanical delays.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2816 of 2018
Applicant :- Harendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mr Arun Kumar Srivastava,Mohd. Sarwar Khan 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 :- 6.4.2023 Shalini
(Justice Krishan Pahal)
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the second bail application filed after long pendency and lack of applicant attendance should be allowed.
Whether courts should grant adjournments mechanically to prevent delay in justice delivery.
Colour shows how this judgement treated each authority
Ishwarlal Mali Rathod v. GopalExplained¶7
Ishwarlal Mali Rathod v. Gopal, (2021) 12 SCC 612 · Who else cites this
Harendra Kumar
Krishan Pahal
Shalini Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
