"Why Shouldn't Your Entry Be Barred To The HC?": Allahabad High Court To Advocate Who Misled Court To Obtain Bail Order

Issuing a show cause notice, the Allahabad High Court recently asked an advocate why shouldn't his entry be barred to the High Court after finding that he misled the court to obtain a bail order. The bench of Justice Dinesh Kumar Singh further asked him to show cause that why he should not be proceeded with for committing contempt of the Court. 

Essentially, the advocate n question (Parmanand Gupta) had filed a bail plea on behalf of his client and obtained a favorable order concealing the fact that another bail plea had earlier been rejected by another bench of the court. The matter came to Court's notice after the state filed an application seeking the cancelation of bail.

Hearing the state's application, the bench of Justice Dinesh Kumar Singh noted that Gupta had obtained several similar orders by concealing the material aspect of the matter that earlier another Bench of the Court had rejected the bail application of the accused persons.

The Court also observed that this was not the solitary case in which the advocate in question had grossly misconducted himself against the Bar Council Rules, professional ethics, and unbecoming of the officer of the Court.

Therefore, the Court found him to be guilty of playing fraud with the Court and thus, "interfered in the course of justice by misleading the Court by concealing the very material fact of rejection of the bail by another Bench for obtaining favorable orders in favor of the accused".

The Court further remarked that the advocate had made efforts to pollute the stream of justice through his highly unprofessional conduct. In view thereof, finding that prima facie he had committed contempt of this Court by concealing the material aspect of the matter and by misleading the Court, the Court issued him a show cause notice.

Further, holding that the bail order was obtained by playing fraud, the bench kept the order in abeyance till further orders. The State was directed to arrest the accused-respondent forthwith if he has been released on bail and put him behind bars.

SinghCase title - State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Civil Sectt. Lko. v. Mohd. Rizwan @ Raziwan [CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 114 of 2022]

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