SLP Against HC Order Dismissing Bail Application As Not Pressed Cannot Be Entertained: Supreme Court

The Supreme Court observed that a Special Leave Petition against a High Court order dismissing a bail application as not pressed cannot be entertained.

In this case, the Allahabad High Court, in the impugned order, recorded the submission made by the counsel for the accused that he does not want to press this bail application at this stage and the same may be dismissed as withdrawn. Therefore, the application was dismissed as withdrawn. Against this order, an SLP was filed before the Supreme Court.

The application filed by the petitioner having been dismissed as not pressed, the question of interference by this Court in exercise of power under Article 136 of the Constitution of India cannot and does not arise, the bench comprising Justices Indira Banerjee and Abhay S. Oka observed.

The accused submitted that his counsel before the High Court had made the submissions without his instructions.

"If that be so, the appropriate remedy is to take necessary action against the counsel who made such submissions without instructions. It may, however, be noted that the impugned order does not record any submission of the counsel to the effect that he had instructions from the petitioner not to press the petition. Be that as it may, the question of entertaining this special leave petition does not arise", the bench added.

Taking note of the fact that the accused is a senior citizen, the bench requested the High Court to give some precedence and dispose of the criminal appeal as expeditiously as possible.

Case name: Santo Devi vs State of UP

Citation: 2022 LiveLaw (SC) 133

Case no.|date: SLP(Crl) Diary 1652/2022 | 31 Jan 2022

Coram: Justices Indira Banerjee and JK Maheshwari

 Click here to Read/Download Order