In a significant ruling, the Bombay High Court has quashed a criminal case against a lawyer accused of submitting a forged tax receipt to secure bail for her client, stressing the considerable control clients exercise over how advocates render their services.
A Division Bench of Justice Anil S Kilor and Justice Pravin Patil at the Nagpur Bench, while hearing Sarika Narayan Tembhare vs. State of Maharashtra and Anr., observed that a lawyer’s conduct is often shaped by the instructions of their client.
“A considerable amount of direct control is exercised by the client over the manner in which an advocate renders his services during the course of his employment,” the Court noted.
The advocate had submitted certain documents, including a property tax receipt, to support surety for bail. A later inquiry revealed that the receipt was forged, prompting a criminal complaint by court staff and registration of an FIR under several provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) at Ram Nagar Police Station, Chandrapur.
However, the High Court made it clear that there was no allegation suggesting that the advocate herself fabricated or conspired to produce the forged document.
“It is not the case of the prosecution that the applicant prepared such a fake certificate or (s)he is involved in such act with the surety who produced the said certificate. Thus, considering the role of Advocate in such matters, particularly towards the court and his client, we are of the opinion that in the present matter whatever documents the client had given to her to submit in the court, the applicant submitted the same as per the instructions of her client,” the Court said.
The Bench further elaborated on the advocate’s professional role, stating,
“The Advocate represents the client before the court and conducts proceedings on behalf of the client. He is the only link between the court and the client. He is expected to follow the instructions of his client rather than substitute his judgment.”
Concluding that the allegations did not establish any offense against the lawyer, the Court quashed the FIR and disposed of the case.
Case: Sarika Narayan Tembhare vs State of Maharashtra and anr – Available on LAWFYI.IO
