This is the third bail application, filed in 2020, where the applicant consistently failed to appear. The court dismissed it as infructuous due to the efflux of time and repeated delays, citing Supreme Court precedent against routine adjournments.
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. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7136 of 2020 Applicant :- Narpat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Srivastava 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 :- 21.2.2023 Ravi Kant
Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad
2 issues framed by the court
Whether the bail application should be allowed given the applicant's repeated absence and long delay.
Whether the prolonged pendency of the bail application has rendered the matter infructuous.
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
Narpat
Krishan Pahal
Ravi Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
