Bombay High Court Deprecates Lawyers for Misleading Court in Bail Case, Highlights Degradation of Legal Profession
The Bombay High Court recently expressed strong disapproval towards two lawyers and their clients for deliberately misleading the Court in a bail case. The case, titled "Lakhan Prasad Misal vs The State of Maharashtra," caught the attention of Justice SG Mehare of the Aurangabad Bench, who highlighted the degradation of the legal profession as a result.
Justice Mehare pointed out how the litigant's influence has overtaken the integrity of the legal profession, with lawyers prioritizing pleasing their clients over upholding their own careers. The Court stated, "The level of misleading the Court also reached the zenith. It’s a matter of serious concern. Whom to believe is a big question. Unfortunately, the newly entered junior lawyers are also involved in such practice by their seniors."
The case revolved around a bail plea for the accused, who was charged under Sections 299 (culpable homicide) and 307 (attempt to murder) of the Indian Penal Code (IPC). On June 14, the complainant's counsel appeared before the Court, claiming to represent the complainant and seeking time to make submissions. However, later in the proceedings, it was discovered that the counsel had filed an affidavit on behalf of an eyewitness instead, who did not object to granting bail to the accused.
The Court deemed this act as an intentional attempt to mislead the Court by the accused's lawyers and the eyewitness, with the aim of securing bail. The judges inferred that the accused's counsel had sent the eyewitness to his junior to swear the affidavit, while keeping the complainant unaware of these developments.
Expressing dissatisfaction with the explanation given by the applicant's lawyer, the Court concluded that the misconduct of the lawyers was apparent. Consequently, the matter was referred to the Bar Council of Maharashtra and Goa (BCMG) for necessary action against them for misconduct and misleading the Court.
Additionally, the Court determined that the lawyers' behavior warranted the rejection of the bail application on its own merits. Thus, the plea was dismissed.
Subsequently, both lawyers appeared before the judge with representatives from the Bar Association and offered their unconditional apologies. They requested the Court to expunge its remarks and refrain from referring the matter to the BCMG. They acknowledged their mistake and expressed concerns about the potential ruin of their professional lives if an inquiry were to be conducted.
Considering the sincerity of their apologies and the future of the junior lawyer involved, the Court recalled its order for an inquiry and action on misconduct. However, the initial observations made by the Court were retained on record. The written apologies of the lawyers were sealed and included in the case's record.
Advocate Abhaysinh K Bhosle represented the bail applicant, while Assistant Public Prosecutor (APP) VN Patil-Jadhav appeared for the respondent-state. Advocate Shardul G Shinde represented the complainant, assisting APP Patil-Jadhav.
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TAGS: Bombay High Court lawyers misleading court deprecation degradation of legal profession Lakhan Prasad Misal bail case misconduct unconditional apology Bar Council of Maharashtra and Goa.
