Supreme Court Disapproves Allahabad HC Dismissing Several Bail Applications On Same Day For Default

The Supreme Court disapproved the dismissal of about 50 bail applications for default/non-prosecution in a single day by Allahabad High Court.

The bench of Justice Ajay Rastogi and Bela M. Trivedi was disposing a plea challenging the High Court's order which dismissed a anticipatory bail application for non-prosecution.

During the last hearing, it had sought a report from the Registrar of the High Court seeking reasons from the concerned High Court Judge for dismissing about 45 bail applications on the same day for default in the same fashion. The Registrar then filed an affidavit in which it was stated that the bail application filed at the instance of the appellant came to be listed in the first instance on 02.07.2021 and interim protection was granted to him and thereafter the matter came before the Court almost after an year on 27.09.2022 and because of his non ­appearance bail application was dismissed for non-­prosecution.

Before the bench, the appellant placed on record almost 50 orders passed by one Court on 27.09.2022 dismissing the bail application by the individual applicants for non­prosecution. The court also noticed that the orders are in the standard format passed by the Court.

"In the first instance, we disapprove such practice adopted by the High Court in passing orders for dismissal of bail application in default. At the same time, it was not fair on part of the appellant also not to put appearance on the date when the matter was listed. He too was at liberty to make an application for recalling of the order dated 27.09.2022 which is assailed before this Court.", the bench observed.

The court therefore set aside the High Court order and restored the bail application on the file of the High Court.

Case details

Rahul Sharma vs State Of Uttar Pradesh | 2023 LiveLaw (SC) 64 | Justices Ajay Rastogi and Bela M. Trivedi

For Petitioner(s) Mr. Ashwani Bhardwaj, AOR Dr. Ashwani Bhardwaj, Adv. Mr. Kunal K Jain, Adv., Mrs. Vinay Bhardwaj, Adv. Ms. Priya Sharma, Adv. Ms. Lalita Rani, Adv.

For Respondent(s) Mr. Sarvesh Singh Baghel, AOR Ms. Shweta Yadav, Adv. Mr. Dhruv Surana, Adv., Mr. Rohit Amit Sthalekar, AOR Ms. Ravina Sharma, Adv. Mr. Tushar Mehta, SGI Ms. Aishwarya Bhati,, ASG Mr. Nikhil Goel, Adv. Mr. Yashvardhan, Adv. Ms. Smita Kant, Adv. Mr. Apoorv Shukla, AOR Mr., Puneet Chahar, Adv. Ms. Prabhleen Apoorv Shukla, Adv. Ms. Kritika Nagpal, Adv. Ms. Ishita Farsaiya,, Adv. Ms. Sonali Suryawanshi, Adv. Ms. Shreeya Jain, Adv. Ms. Shagun Thakur, Adv

Headnotes

Code of Criminal Procedure; Section 438 - Dismissal for default/ non prosecution of bail application - Practice adopted by the High Court in passing orders for dismissal of bail application in default disapproved. 

Click here to read/download the order