The Allahabad High Court held that non-appearance of the counsel for the applicant amounts to professional misconduct and is also tantamount to bench hunting or forum shopping and the mere pendency of the bail application cannot accrue any right in favour of the applicant.
Brief Facts:
The court was hearing an application seeking a grant of anticipatory bail which was filed in the year 2019.
Observations of the court:
The Court noted that none is present on behalf of the applicant and observed that advocates are not appearing in the majority of listed cases that too on multiple dates. Non-appearance of the counsel for the applicant amounts to professional misconduct. It is also tantamount to bench hunting or forum shopping.
Further, the court stated that mere pendency of the bail application cannot accrue any right in favour of the applicant. It cannot be allowed to swing years together in the cloak of pendency. The applicant cannot be permitted to dilute the stream of justice by repeatedly remaining absent from judicial proceedings without any reasonable explanation. The absence of any reason for non-appearance is a blatant abuse of the process of law, even though the order is available and accessible to all on the website of the High Court.
Further, they referred to the decisions in the case of Ishwarlal Mali Rathod v. Gopal, wherein it was held that courts shall not grant adjournments in a routine manner and mechanically and shall not be a party to cause for delay in dispensing the justice and further the decision in Satender Kumar Antil vs. Central Bureau of Investigation, wherein it was held that the application for anticipatory bail is expected to be disposed of within a period of six weeks.
The decision of the Court:
The court dismissed the application as infructuous.
Case Title: Jhinnu vs. State of U.P. and Ors.
Coram: Hon’ble Mr. Justice Krishan Pahal
Case No.: CRIMINAL MISC. BAIL APPLICATION No. - 58263 of 2019
Advocate for the Petitioner: Mr. Dhirendra Pratap Singh
Advocate for the Respondent: G.A.
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