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HC initiates Criminal Contempt Proceedings against Advocate who misled the Court while seeking Bail,

 28 additional judges of Allahabad High Court made permanent - The Hindu

The Allahabad High Court has initiated criminal contempt proceedings against one Advocate for obtaining bail order by blinding the Court of the existence of another bail application in the matter.

The single-judge bench of Justice Dinesh Kumar Singh took exception to the fact that the Advocate obtained favourable order for his client by concealing that a bail application was already rejected by another bench. 

Sri Parmanand Gupta, learned counsel for the accused-respondent deliberately styled the Criminal Misc. Bail Application No.2830 of 2022 as the first bail application and, therefore, it got listed before the Court which was dealing with the subject matter. If the correct and true facts would have been mentioned that it was the second bail application inasmuch as the first bail application got rejected by this Court vide order dated 19.2.2021 passed in Criminal Misc. Bail Application No.10872 of 2022, the Criminal Misc. Bail Application No.2830 of 2022, in which the accused-applicant has been ordered to be enlarged on bail, would have been listed before this Bench and the alleged first bail application would get rejected by this Bench," the Court observed.

The Court stated that that Sri Parmanand Gupta, learned counsel for the accused-respondent had played tricks to obtain a favourable order by styling the second bail application as the first bail application, has prima facie, conducted himself against the Bar Council Rules, professional ethics, contemptuous manner and he has played fraud with the Court and also interfered with the course of justice by misleading the Court as he concealed the material fact regarding rejection of the first bail application by this Bench

The accused-applicant has been booked under Sections 379, 411, 412, 413, 414, 419, 420, 467, 468, 471, 484 and 120-B IPC.

Noting that this is not the solitary case where Sri Parmanand Gupta, Advocate, had adopted the said course of action of concealing and misleading the Court, deemed it appropriate to initiate contempt case against him.


 

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