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.”
The order read, “It is commonly seen that the advocates do not take the responsibility of conducting criminal appeals at the final hearing stage. In one case we have actually interacted with the accused who was brought before the court upon issuance of bailable warrant and they informed us that they did not know the advocate representing them in appeal. It is in this scenario that there is a pendency of criminal appeals in this court. On many occasions we have requested the legal aid panel members to conduct the matters. The said advocates have not only graciously accepted to espouse the cause of the appellant but they have assisted the court to the best of their capacity.”
The court went on to say, “It is difficult for the courts to expedite the hearing of the criminal appeals since there is no proper cooperation from the advocates on record in the respective matters. Bar Council is requested to take note of this fact.”
On December 2, the court issued a NBW against Mr. Varhade. On December 16, he appeared before it and said he met with an accident in 2015 and was disabled due to it. The court then recalled the NBW order.
