In a criminal case (Section 420,467 120B etc,) having 4 accused, one of the accused who always remained in touch with his advocate, (the accused has got evidence of having telephoned him regularly), the advocate always said that the other 3 accused are absconding and therefore the case is not progressing and we (the advocate) is regularly filing the application of leave on date and will inform whenever presence is required.
Later on the advocate himself absconds (you might have all heard the famous Ajmer Court Recruitment Scandal). The accused then comes to know that the advocate was telling lies and misleading the accused. In fact the advocate never filed any application for leave and it is the accused who has his bail jumped for 3 years+ now! Luckily no arrest warrants are issued till date
The guidance is needed on 2 fronts
1.What action can be taken against the advocate?
2.The accused being desirous of appearing and applying for a bail, what plea/reasons should be given to the court so that the bail is granted (truth being what has been stated above)
