The Allahabad High Court has ordered the Bar Council of Uttar Pradesh to hold an inquiry against an Advocate, saying that the conduct of lawyer in mentioning his name on advertising leaflets for sale, purchase and letting off the properties and for resolution of disputes regarding properties, appears to be a gross professional misconduct.
The Single-Judge Bench of Justice Subhash Vidyarthi passed this order, while hearing a Criminal Miscellaneous Bail Application filed by Satya Prakash Sharma.
The application sought release of the applicant on bail in case under Sections 420, 406, 504 and 506 of the Indian Penal Code (IPC), Police Station Iglas, District Aligarh during the pendency of trial in the court below.
The aforesaid case has been registered on the basis of an FIR lodged on April 11, 2022 against two named accused persons, including the applicant, alleging that the applicant had proposed to the informant to sell his land and on July 6, 2021, the deal was finalised for sale consideration of Rs 43 lakh and Rs two lakh were given to the applicant as earnest money.
The applicant demanded a further sum of Rs 10,00,000 and the co-accused Santosh Agarwal supported him and accordingly, the informant paid Rs 10,00,000 in cash to the applicant.
On 16.08.2021, the informant purchased stamp papers worth Rs 2,16,000 and transferred a sum of Rs 41,00,000 in the applicant’s account but as soon as the amount was transferred, the applicant ran away and did not present himself for execution and registration of the sale deed.
Earlier the applicant had approached the Court by filing Criminal Misc Writ Petition which was decided by means of an order dated 09.05.2022 observing that in the event punishment for the alleged offences are below 7 years, the authorities while proceeding with the investigation shall comply with the requirement of Section 41-A of the Code of Criminal Procedure.
The Court noted, In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the case.
In the supplementary affidavit, the applicant’s involvement in three other cases has been disclosed.
In case under Section 420 IPC, Police Station Iglas, District Aligarh, the Investigating Officer has already filed a final report, in Case under Sections 379, 420, 411 IPC, Police Station Hathrasgate, District Hathras, the applicant has been granted bail by means of an order dated 16.10.2019 passed by the Court below and in another case bearing Case under Section 2/3 of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Iglas, District Aligarh, the applicant has been implicated subsequently to lodging of the FIR.
A supplementary affidavit has been filed on behalf of the applicant stating that on 22.02.2020, the applicant had sold away his land in favour of one Rakesh Agarwal. Rs 45,00,000/- were paid as sale consideration, as mentioned in the sale deed, and it had been agreed that Rs 43,00,000/- will be given by the purchaser after he would sell away the land by making plots in it. The purchaser Rakesh Agarwal has executed a sale deed in favour of one Mukul Agarwal, who is the real brother of the informant, and the amount transferred by the informant in the applicant’s account is in furtherance of the aforesaid agreement.
The counsel for the applicant has submitted that the other co-accused Santosh Agarwal Katib has already been granted bail by means of an order dated 19.05.2022 passed by the Sessions Judge, Aligarh. The applicant has been languishing in jail since 07.09.2022.
Per contra, the Additional Government Advocate has opposed the prayer for grant of bail.
“Having considered the aforesaid facts and submissions, prima facie it appears that the dispute is regarding payment of consideration for execution of a sale deed and non execution of sale deed by the informant; that there is no registered agreement to sell the property between the informant and the applicant and the dispute prima facie appears inherently of a civil nature; that co-accused has already been granted bail and the applicant has no previous criminal history, I am of the view that the applicant is entitled to be released on bail’, the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant Satya Prakash Sharma be released on bail in Case under Sections 420, 406, 504, 506 IPC, Police Station Iglas, District Aligarh on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
The Court said that the conduct of Advocate in mentioning his name on advertising leaflets for sale, purchase and letting off the properties and for resolution of disputes regarding properties, appears to be a gross professional misconduct.
“Let a copy of the order be sent to the Bar Council of Uttar Pradesh along with a copy of the leaflet annexed with the supplementary affidavit as annexure No SA-4 for taking necessary action in the matter after holding an inquiry.
Let a copy of the order be also sent to the Registrar (compliance) for ensuring appropriate action’, the Court further ordered.