The Bombay High Court recently reprimanded two lawyers and their respective clients for deceiving the Court in a bail case.
Justice SG Mehare of the Aurangabad Bench expressed concern over the degradation of the legal profession in this matter.
The Court highlighted how litigants had influenced the profession and how lawyers, disregarding their own careers, were providing result-oriented services solely to appease clients. The Court raised serious questions about whom to trust in such situations, noting that even junior lawyers were involved in such practices under the guidance of their seniors.
The case involved a bail plea for an accused 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 claiming to represent the complainant, and was given time to make submissions. However, the counsel later submitted an affidavit on behalf of an eyewitness instead of the complainant. Notably, the affidavit did not object to granting bail to the accused. The Court observed that the lawyer had received the affidavit in advance, concluding that it was an attempt to mislead the Court by the lawyers and the eyewitness to secure bail.
The Court found the lawyers’ conduct to be misconduct and referred the matter to the Bar Council of Maharashtra and Goa (BCMG) for appropriate action. Considering the unconditional apology tendered by both lawyers, along with their request to not proceed with the inquiry due to potential harm to their professional lives, the Court recalled its order for an inquiry. However, the Court retained its earlier observations on record. The written apology of the lawyers was sealed and made part of the court records.
Advocate Abhaysinh K Bhosle represented the bail applicant, while Assistant Public Prosecutor (APP) VN Patil-Jadhav appeared for the respondent-State, and Advocate Shardul G Shinde assisted APP Patil-Jadhav, representing the complainant.
