HC recalls order of issuing NBW in appeal of 1998
The Hindu
Court passes strictures against lawyers for not taking up appeals against those on bail
The Bombay High Court has recalled an order of non-bailable warrant (NBW) in an appeal of 1998 after it was learnt that the murder accused was disabled and could not appear before the court.
A Division Bench of Justices Sadhana Jadhav and Prithviraj Chavan was hearing the criminal appeal filed by Balasaheb Varhade, who was a 23-year-old then. Several lawyers in the case had sought several adjournments from 2005 to 2020.
The court remarked, “We are insisting the advocates to proceed with old matters besides hearing jail appeals. We have noticed that in most of the matters ‘where the accused are on bail’ the advocates have a tendency to seek an adjournment on one or the other count. In many cases, we have had to issue bailable warrants, then NBW. In certain cases, the court had to issue notice to the accused in custody, informing them that the advocates engaged by them do not appear or that they are now representing the prosecution and therefore, unable to conduct the matter.”