JUSTICE CHAKRADHARI
SHARAN SINGH
ORAL ORDER
6 30-01-2017 Long pendency of the criminal appeals in
this Court has always been matter of concern ... have been facing
similar difficulties more than three decades ago of long
pendency of appeals for final hearing, arising out of
capital charges, as desirability
Bala @ Balaram (2005) 8 SCC 1, this Court held
that the long pendency of the criminal trial or offer of the rapist to
marry ... discretion by itself
does not justify its exercise. The long pendency of the criminal trial
or the offer of the rapist to marry the victim
straitjacket formula
in such matters."
9. The issue of long pendency of criminal
appeals for final hearing arising out of capital charges ... other reason. This is, by and large,
the scenario of long pendency of criminal appeals in Patna
High Court. Apparently, thus, an appellant, in custody
Whether the Government can initiate or continue with the departmental enquiry long after the date of alleged lapse inspite of the fact that the Officer ... Should the enquiry proceedings be quashed on the ground of long pendency alone?
2. It is expedient to collate the facts and circumstances under which
petitioner herein brought to the notice of this Court
the long pendency of ejectment actions wherein ejectment from
tenanted premises had been applied ... matters pending for the last quite a few years. The long
pendency of those matters would appear to be alarming in view of
the fact
State of M.P. vs. Bala , this Court held that the long pendency of the criminal trial or offer of the rapist to marry ... discretion by itself does not justify its exercise. The long pendency of the criminal trial or the offer of the rapist to marry the victim
Bijan Halder And Anr. vs State Of West Bengal And Ors. on 14 May, 1993
actually accrues in
favour of the petitioner, in spite of the long pendency of their
applications. Similar view has also been taken ... them
should be preferred."
53. As regarding the long pendency of the application of
the petitioner is concerned, merely because the application
Nayek right to speedy trial of the present appellant and long
pendency of the present appeals need be considered. He further argued that ... bail so he cannot plea for his mental agony
during the long pendency of the instant appeal. So, he prayed for dismissal
of the instant
proceed with the enquiry proceedings without causing much delay. Long pendency of the charge memo will cause great prejudice to the delinquent officials also. Mere ... this Court has to take note of the fact that the long pendency of the disciplinary proceedings will affect the retired employees and the delinquent
