Punjab & Haryana High Court Imposes Rs.1 Lakh Cost On Lawyer For Suppressing Facts In Pre-Arrest Bail Plea

Observing that, "exemplary costs needs to be imposed so that no one could dare to take the Courts for a ride", the Punjab & Haryana High Court has imposed a cost of Rs.1 lakh on a lawyer for suppressing facts in an anticipatory bail application in a murder case.

Second anticipatory bail application was filed stating that the first was withdrawn in 2022  without mentioning that an "undertaking to surrender within a period of one week" was given and on that undertaking, a direction was issued that no coercive steps shall be taken against the petitioner and in case the petitioner surrenders and files an application for bail, same shall be considered by the trial Court expeditiously.

The State counsel highlighted to the Court that undertaking was given before the Court by the petitioner in August 2022 to surrender within a period of one week but instead of surrendering and complying with the undertaking given before the High Court, counsel appearing for the petitioner withdrew the said petition in February 2023, seeking liberty to comply with the order to surrender.

Justice Sandeep Moudgil said, "The attempt made before this Court on behalf of the learned counsel for the petitioner is apparent on the face, wherein the petitioner has not approached the Court with clean hands, who has not only mislead the Court but such an act also tantamounts to an attempt of contempt of Court for not complying with the order dated 17.08.2022 (to surrender) and even thereafter the tone and tenor of the order dated 15.02.2023, which also has probably not been understood by the petitioner but the same is deliberately being avoided."

The Court further added that above all, the factum has been concealed in the instant petition and there is neither any averment made in the pleading nor order dated 17.08.2022 has been annexed with the petition, which "leaves no doubt in the mind of the Court that the present petition is mischeivous, malicious and contemptuous act on the part of the litigant..."

These observations were made while hearing the second pre-arrest bail plea in a murder case lodged in 2021.

The Court raised the question of how the second anticipatory bail application is maintainable, to which the counsel for the petitioner stated that the second anticipatory bail applications of the co-accused have also been entertained by the Co-ordinate Bench, and interim protection was also granted.

The counsel appearing for the highlighted to the Court that the petitioner had not annexed the order passed in August, 2022 wherein undertaking was given.

Considering the submission, the Court noted, "there is no whisper about the order dated 17.08.2022, wherein the petitioner has given an undertaking to surrender before the trial Court but has concealed the same and straightway had simply made a reference to the withdrawal of his bail application on account of the fact that criminal revision is pending and proceedings before the trial Court petition has been stayed and now urging the maintainability of second petition on that account alone."

Justice Moudgil further noted that the petitioner did not even comply with the undertaking to surrender.

In the light of the above the Court imposed cost of Rs.1 lakh on the lawyer stating that, "...second anticipatory bail application is not maintainable and the petition not only deserves dismissal of the same but exemplary costs needs to be imposed so that no one could dare to take the Courts for a ride.

Appearance: Pashant Bansal, Advocate for the petitioner.

Citation: 2023 LiveLaw (PH) 216

Title: Gulab Singh v. State of Haryana & Ors.

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