Dharmendra Thakur vs The State Of Madhya Pradesh
2023 Latest Caselaw 2197 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR MCRC No. 58983 of 2022 (DHARMENDRA THAKUR Vs THE STATE OF MADHYA PRADESH)

Dated : 07-02-2023 Shri Prateek Kumar Waghmare - Advocate for the applicant.

Shri Ajay Tamrakar - Panel Lawyer for the State.

Heard.

Petitioner was not a counsel who had appeared while bail application was considered and granted on 14.12.2022, there is a statement made by Shri

Waghmare that the undertaking which was furnished by the earlier counsel Shri Harshwardhan Singh Rajput, who had appeared in the case was beyond his instructions.

There is no affidavit in this behalf that who had instructed Shri Harshwardhan Singh Rajput and how he exceeded his brief and why complaint was not made before the Bar Council for taking action for breach of instructions which formed a professional misconduct.

Shri Waghmare has placed reliance on the judgment of Hon'ble Supreme Court in Kailash Vs. The State of Uttar Pradesh and Anr. in Petition(s) for

Special Leave to Appeal (Crl.)(no(s).6604-6606/2021. Wherein vide order dated 12.01.2023 Hon'ble Supreme Court has held that the condition which was imposed on the basis of a statement made on behalf of the petitioner that he was ready to deposit the said amount and also to make an effort to get the sale deed cancelled. Under the facts and circumstances it is held that such condition

Signature Not Verified was totally unwarranted and uncalled for in the peculiar facts and circumstances SAN

Digitally signed by MOHD TABISH KHAN of the case. What were the facts and circumstances of the case could be seen Date: 2023.02.07 19:33:36 IST

only when copy of the special leave to appeal is brought on record.

Shri Waghmare though has resisted, is given time to produce copy of the appeal which was filed before the Hon'ble Supreme Court so that grounds for parity may be understood and applied if they are applicable, along with the affidavit of the person who had instructed earlier counsel.

List the case after three weeks .

(VIVEK AGARWAL) JUDGE

Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2023.02.07 19:33:36 IST