The Supreme Court has remanded to the Rajasthan High Court for fresh consideration the bail plea of a man accused of murder which it had rejected because his lawyer was not present in court to represent him.
A Supreme Court bench of Justices Hrishikesh Roy and Pankaj Mithal set aside the order of the high court.
Advocate Namit Saxena, appearing for the accused, submitted before the bench that the high court in its order dated March 17, 2023 dismissed his client's bail as there was no representation from the appellant's side.
He told the court that no advocate could appear for the accused because lawyers had abstained from work that day.
Saxena said the high court took note of the submission made by the Public Prosecutor and the formal submission of the brother of the accused, who was made to appear in the absence of the lawyer.
He said the accused is in custody since January 31, 2022 and although charge sheet has been filed, the trial is yet to commence.
"Considering the circumstances and more particularly the fact that the appellant was not represented by his counsel on March 17, 2023, we deem it appropriate to remand the matter so that the High Court can hear the appellant's counsel and then pass appropriate orders," the bench said while restoring his bail plea.
-With PTI Input
