Nagpur: While arguing a bail application in a court, a lawyer should see to it that the facts are correct, cross-checked and supported by relevant affidavits. A lawyer should be honest to the prosecutor, client and most importantly, to the court, said senior counsel
Anil Mardikar on Wednesday.
Mardikar was delivering a lecture on ‘Arguments on bail application’, organized by High Court Bar Association (HCBA). HCBA president Anil Kilor, vice-president PB Patil and secretary Praful Khubalkar were present.
Mardikar spoke on the ethics of arguing a bail application. “While arguing in four types of bail applications — regular, anticipatory, post-conviction and cancellation of granted bail —
lawyers should possess all the evidences and proofs. It becomes imperative for a lawyer to go through the proceedings and records of the lower court so that they don’t miss out on important facts,” he said.
“Lawyers should do a thorough background check and see how many other accused were involved and how many were granted bail as it would make the pleading easier. But lawyers should also make sure that the role of other criminals is of same intensity as their client,” he added.
Discussing the premises of anticipatory bail which is granted in anticipation of future arrest, he said it is a discretionary relief from the court. He said, “Bail can be cancelled if you present fresh evidences and if your premises are very strong.”
Mardikar opined that honest practice is the backbone of legal profession. “You have to be sure about facts and be honest in the eyes of the court. You can lose a client, but you must not lose faith of the court. A lawyer should never guarantee
clients any kind of relief because it depends at the discretion of a judge,” Mardikar added.
