Allahabad High Court Deprecates Practice Of Arguing Bail Plea Instead Of Appeal Pending Against Conviction

The Allahabad High Court has deprecated the practice of advocates where they insist the court to hear the bail application even when the appeal against conviction is ready for final disposal.

The Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi observed thus "The matter is ready for final disposal despite that the counsels in these matters are not ready to make their submissions on merits assailing the conviction but instead are insisting on hearing application for enlargement on accused on bail."

In this case, the Court noted that the counsel for the accused had filed subsequent application for enlargement on bail, after the paper book is ready, but the counsel was not ready to argue the main matter.

In that context the Court held thus "The main matter could have been heard on merits today itself but the over insistence of counsel to argue the subsequent bail application shows that the counsel is only wanting to argue on bail."

"…despite the fact that the appeal is listed for hearing, learned counsel do not permit the Court to argue the appeal and they claim only bail.", the bench noted.

Advocate DN Joshi was the newly appointed counsel for accused-appellant whereas Advocate Narendra Singh appeared for the State.

The Court pointed out that this tendency of filing bail application subsequently would only add to the pendency as after accused are enlarged on bail.

Coming down heavily on this common practice of advocates the Court said "In this case counsel was requested to argue the matter even he was convey that this Court may settle with costs as no new grounds are urged but in consisted that judgment of Sudan Singh (supra) be pressed into service and his accused should be enlarged on bail. We deprecate this practice which is deprecated by the Apex Court in Hariom (supra)."

The Court noted that in this case no new grounds were urged in the subsequent bail application.

"The pendency of this bail application adds to the list of pending bail application though this is subsequent bail application for enlargement on bail where no new grounds are alleged except period of incarceration.", the Court said.

The Court dismissed the bail application while referring to the judgment of the Apex Court in the case of Lav Parasher @ Chinu v. State of U.P. in Special Leave to Appeal where this practice of Advocates only insisting on getting the bail application heard was deprecated by the Supreme Court.

Cause Title- Umesh Gosai v. State of U.P

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