Allahabad High Court
Sajid vs State Of U.P. And Another on 15 May, 2024
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:87852
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14152 of 2021
Applicant :- Sajid
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Om Prakash Vishwakarma
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
1. Applicant-Sajid has approached this Court by way of filing present bail application seeking enlargement on bail in Case Crime No. 128 of 2020, under Sections 376D, 452, 506 IPC and 3/4 POCSO Act, Police Station Khetasaray, District Jaunpur.
2. This bail application is pending before Court for last about three years. Sri Om Prakash Vishwakarma, learned counsel for applicant is not present and present status of trial is also not on record.
3. In administration of justice Advocates have a vital role to play that not only they have to represent their respective clients but being an ?Officer of Court? they have to be fair towards Court and to provide their valuable assistance.
4. However often Court finds that learned counsel are not appearing to press bail application probably on a ground that they have no instructions or change of Bench, but, once they have filed a Vakalatnama which imposes a solemn duty to appear and assist the Court, they have legal and moral obligation to appear before Court to place their case, irrespective of fact that they are properly briefed or not. Sanctity of a Vakalatnama is also been described by Superior Court in a very recent judgment of Bar of Indian lawyers through it?s President Jasbir Singh Malik Vs D.K. Gandhi PS National Institute of Communicable Diseases and Anr. and connected matters 2024 INSC 410 (Decided on May 14, 2024) (Para 40).
5. In this regard an observation made by Supreme Court in Rafiq and Anr. Vs Munshi Lal and Anr. (1981) 2 SCC 788 and Secretary, Department of Horticulture, Chandigarh and Anr. Vs Raghu Raj (2008) 13 SCC 395, would also be relevant that an Advocate has to appear and argue the case as and when it is called out for hearing and failure to do so would not only discourage clients but also discourteous to the Court and it must be severely discountenanced.
6. Sri Mithilesh Kumar, learned AGA appearing for State, submits that applicant, who is in jail since 13.11.2020, is facing trial for offence of house trespass and gang rape of a minor girl. However, present status of trial is not on record.
7. In aforesaid circumstances, taking note of evidence against applicant and that present status of trial is not on record and also that applicant is in jail since 13.11.2020, therefore, even in absence of counsel for applicant, in the interest of justice, this application is disposed of with observation that in case trial is not concluded till date, applicant will have liberty to approach this Court or Trial Court concerned, as advised, afresh alongwith status of trial. Meanwhile, Trial Court shall take all endeavour to conclude trial.
8. A copy of this order be communicated to applicant through Jail Superintendent concerned.
9. Registrar (Compliance) to take steps.
Order Date :- 15.5.2024
AK
