The single judge dismissed an anticipatory bail application as infructuous due to the applicant's repeated failure to appear and lack of interest in pursuing the matter, citing judicial time wastage and abuse of process.
Anticipatory bail application dismissed as infructuous; interim protection vacated.
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Neutral Citation No. - 2024:AHC:144626
Court No. - 68
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5402 of 2024
Applicant :- Sajid Alias Mainuddin Abbasi Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.M. Faisal Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
pendency. The applicant cannot be permitted to dilute the stream of justice by repeatedly remaining absent from judicial proceedings without any reasonable explanation. Absence of any reason for non-appearance is blatant abuse of process of law, even though the order is available on the website of the High Court.
" 22. ………… Learned Advocates being officers of the Court owe a duty not only to the Court but to their clients also in getting the cases decided expeditiously so as to achieve the objective of dispensation of justice. The time of the Court is precious for the reason that it is public's time and must be utilised for adjudicating matters which have substance and need to be decided at the earliest. The arm of justice must reach the aggrieved person dispensing justice speedily. If time of the Court is consumed, and that too, a lion's share, by frivolous and bogus litigation, it is bound to take away the time which could have been utilised for really needy litigants. The time has come when the learned members of the Bar should rise to the occasion and discourage frivolous and bogus litigation by telling their clients that they would not be a party to such kind of litigation. Frivolous litigation only adds burden on the Court and deprives real litigants from the shower of justice at a time when he really needs it. Needless to say, it would be healthier for institution in particular and public at large and this pious institution would be
able to achieve its constitutional obligation of dispensation of justice in deserving cases with greater pace."
Order Date :- 5.9.2024 Shalini
(Justice Krishan Pahal)
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether an anticipatory bail application filed by an applicant who has repeatedly failed to appear in court without reasonable explanation should be entertained.
Whether the dismissal of an anticipatory bail application as infructuous due to the applicant's persistent non-appearance is justified.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and anotherReferred¶10
para-73(k) of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2022 SCC Online SC 825 · Who else cites this
Ishwarlal Mali Rathod v. GopalReferred¶12
Ishwarlal Mali Rathod v. Gopal, (2021) 12 SCC 612 · Who else cites this
Ashwani Kumar Srivastava v. D. Sen GuptaReferred¶17
Ashwani Kumar Srivastava v. D. Sen Gupta Chairman-Cum-Managing Director, New India Assurance Co. Ltd., Bombay, 2008 SCC OnLine All 723
1 provisions across 1 enactments
Sajid Alias Mainuddin Abbasi
State of U.P.
Krishan Pahal
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
