The Supreme Court in the case Rahul Sharma vs. State of Uttar Pradesh observed and disapproved the dismissal of about 50 bail applications for default or non-prosecution by the Allahabad High Court in a single day.
The bench, comprising Justice Ajay Rastogi and Justice Bela M. Trivedi, obj., served and dismissed a plea challenging the order of the High Court, which dismissed an anticipatory bail application for non-prosecution. Earlier, a report had been sought 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 defaulting in the same fashion.
The Registrar filed an affidavit in which it is stated that the bail application filed at the instance of the appellant was listed in the first instance on 07.02.2021 and the court granted interim protection to him;
However, the matter came up before the Court almost a year later, on 09.27.2022, and his bail application was disqualified for non-prosecution due to his non-appearance. In the aforementioned case, the appellant presented a record almost 50 years before the bench, which was passed by one court on September 27, 2022, disallowing the individual applicants’ bail application for non-prosecution. It has also been noticed by the court that the orders are in the standard format approved by the court.
The bench observed that such practices are being adopted by the high court in passing orders for dismissal of bail applications in default, and at the same time, it is not being feared on the part of the appellant to not put his appearance on the date when the matter was listed. He too was at liberty to make an application to recall an order dated September 27, 2022, which was being assailed by the said court. Therefore, the court set aside the order of the High Court and restored the bail application on the file of the High Court.
