Bail affidavit and attesting advocate's responsibility
Querist :
Anonymous
(Querist) 15 August 2011
This query is : Resolved
while moving bail application, we have to produce two solvent sureties. and, the lawyer has to attest an affidavit stating that sureties are personally known to the lawyer and they have ------ cents of lands in ------- village.
suppose, latter, if the court finds that such affidavit is false (or sureties have misrepresented the lawyer and the court), then the said lawyer will be prosecuted for false attestation ?
is it possible for a lawyer to make an enquiry every time that whether the sureties have properties in such locality, before moving a bail application ?
now, i am trapped in one of such cases.
in my case, surety also gave false statement in the court to the tune that these forged tax receipts were not produced by him,( when he was arrested and produced before the court ).
so, my doubt is that whether i will be prosecuted on the sole basis of this statement of this "crooked " surety.
how can i prove my innocence ?
whether i will not be heard before any action ?
Arvind Singh Chauhan
(Expert) 15 August 2011
Attesting advocate can not be prosecuted for the same as he is only liable for deponent's presence at the time of signing the affidavit and he has no concern about the content of affidavit.
It is also clear that once Wakalatnama is filed by some one, every document presented by his advocate shall be deemed to be filed by him.
Arun Kumar Bhagat
(Expert) 15 August 2011
A lawyer is not supposed to disbelieve his client. Advocates Act says a lawyer can not refuse any brief like Taxi-driver.An advocate's job is not do research on every statements uttered by his client or acquaintance.
Guest
(Expert) 15 August 2011
You cannot be prosecuted. You have no active play in the offence.
sibasish pattanayak
(Expert) 16 August 2011
sir,
onus on the part of that person who deposed or stated to an Advocate.contention of that person to be reflected in the contend which he/she/they express to their LD ADVOCATE.
THE LD. ADVOCATE HAS NO NEED TO VERIFY/VISIT THEIR PLACES PRIOR TO ATTESTATION.
REGARDS,
SIBASISH PATTANAYAK, ADVOCATE.
09874854594 / 09231668664.
Raj Kumar Makkad
(Expert) 16 August 2011
I have also similar opinion as of experts.
Ravikant Soni
(Expert) 16 August 2011
If such kind of practice is treated at par an offence then every Judge would come in the vice of crime.
M/s. Y-not legal services
(Expert) 16 August 2011
In tamilnadu practice, we never give any attestation on surety memo stating that I KNOW THE SURETY PERSON PERSONALLY, RESIDING AT SO AND AND SO ADDRESS LIKE THAT. We just attest as the above said person solemnly affirm and signed before me on ....th day of ....... At ...... Only. While being so attesthog advocate can't be responsible for a false affidavit.
Querist :
Anonymous
(Querist) 20 September 2011
thank you sirs,
in my case, i have attested a surety affidavit, in which, latteron, the court came to know that surety has no landed properties. moreover , the tax receipt (which shows that he has properties ) which he has handed over to me , was a forged one, printed in some private press and he has fabricated some government seal also.
without knowing all these malpractices, i have produced it in the court and the court has granted bail also.
but, subsequently, some years after, when the accused has absconded, then only court came to know about all these forgery.
now, the court has forwarded a complaint to the police to enquire about this .
this is the whole story.
now, the accused has been arrested and remanded to jail.here, both accused and surety has given a contradictory statements before the court.
here , the surety says that he has not produced the tax receipts.accused told him to just bring the identity card, tax receipt will be brought by the accused himself.being a iliterate man, he came with election identity card and stood as surety, whereas, accused said that it is totally wrong and the tax recipt is brought by the surety himself.
any how, a forged tax receipt has been produced by me before the court and court has granted bail also.
police is investigating this matter.
my question is that in this case who will be the accused ?
whether the accused, or the surety , or the advocate who produced the forged tax receipt , or all together ?
if the advocate is liable , why the judge alone has immunity ?
please clarify with your answers, again .
