Patna High Court: Rajeev Ranjan Prasad, J., denied bail to the advocate booked for allegedly misappropriating his client’s money and committing breach of trust being an attorney. The Bench stated,
“Despite repeated caution made to learned counsel for the appellant that the appellant being an Advocate must come out with a fair stand even at this stage, there is no change of stand.”
The appellant was seeking to set aside the order of the Trial Court with regard to the offence under Sections 406, 420 of the Penal Code, 1860 and Sections 467, 468, 471, 120(B) of the Indian Penal Code and Section 3(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, by which the prayer of the appellant for his release on bail had been rejected.
The appellant, who was an Advocate, had filed a case in the Railway Claims Tribunal on behalf of one Lalan Pasi for compensation under Section 125 and Section 16 of the Railway Act. The Tribunal allowed claim and directed the State to grant Rs. 8 Lakhs with interest at the rate of 9% to the claimant. Accordingly, a sum of Rs. 4 Lakhs was to be transferred in the account of Smt. Sanjhariya Devi (mother of the deceased). Accordingly, a joint account was opened and a sum of Rs. 10,52,000/- was transferred to the said account.
The case of the prosecution was that the appellant, taking advantage of his position as an Advocate of the victims/claimants withdrew the whole amount from the joint account of Lalan Pasi which was awarded as compensation to Lalan Pasi and Sanjhariya Devi on account of the death of their only son Gorakh Pasi.
Contesting the bail appeal, the State submitted that the act of the appellant robbing his client, being an Advocate was highly condemnable and the allegation against him were serious in nature when considered from the point of view of the professional ethics of an Advocate and the duty cast upon him towards his client.
Observing that, despite repeated caution to return the entire amount to the claimant, the appellant was reluctant to do so and was only willing to return a sum of Rs. 5 lakhs, the Bench stated that the appellant being an Advocate must come out with a fair stand.
In the light of the above, the Bench held that since the appellant being an Advocate had allegedly committed a breach of trust and had misappropriated his client’s money and was not ready to return the money which belonged to his clients, his case was not fit for bail.[Santosh Kumar Mishra v. State of Bihar, Cr. Appeal (Sj) No.3564 of 2021, decided on 27-10-2021]
Kamini Sharma, Editorial Assistant has reported this brief.
For the Appellant/s: Mr.Ajit Kumar, Advocate
For the Respondent/s: Ms. Usha Kumari – 1, Special P.P.