Advocate moves bail plea concealing earlier order, fined Rs

The bench noted that an earlier order by another division bench on a bail application by the petitioner in connection with the same offence had in April directed that it be listed before the court after resumption of normalcy in its functioning. It also noted that the advocate appearing for the petitioner in the present application appeared in the other application as well, and was therefore aware of the previous order by the other bench.

A division bench of the Calcutta High Court on Monday imposed a fine of Rs 50,000 on an advocate for moving a bail application suppressing an earlier order on the same matter by another bench. The bench observed that it was shocked to find that despite having been aware of the earlier order, the same advocate-on-record filed the instant application taking advantage of the disruption of the normal functioning of the court.

The division bench comprising justices Harish Tandon and Tirthankar Ghosh said that such brazen attempt on the part of a member of the bar would not only tarnish the image of the judiciary but would also send wrong signal to the litigants as well as the society. The bench noted that an earlier order by another division bench on a bail application by the petitioner in connection with the same offence had in April directed that it be listed before the court after resumption of normalcy in its functioning.

It also noted that the advocate appearing for the petitioner in the present application appeared in the other application as well, and was therefore aware of the previous order by the other bench. The bench observed that the present bail application was again filed taking advantage of the limited functioning of the court and verification of applications received through email has been compromised to a great extent because of difficulty in normal functioning of the court due to Covid-19.

The court rejected the bail application with costs of Rs 50,000 upon the advocate-on-record of the petitioner and directed that the amount would be deposited with the State Legal Services Authority within a month from date..