INDAR DASS Vs. STATE

JUDGEMENT

(1.) This is an application for bail by one Indar Dass who is said to have been arrested on 28-9-50 at a village within P. S. Kumarsain, and who is now under detention in P. S. Theog. The offence alleged against him is one under Section 409, Penal Code.

(2.) A preliminary objection was taken by the learned Government Advocate that the learned counsel who has presented this application not having been appointed his Pleader by the accused the application should be thrown out. As this was a matter of some importance for guidance of future practice in this Court, I heard the learned counsel on it at some length. Now there is nothing in Indar Dass vs. State (05.10.1950 - HPHC) Page 2 of 4 the Criminal Procedure Coda corresponding to Order 3, Rule 1, Civil P.C., requiring an accused to be represented by a duly appointed Pleader. For that reason it has been the invariable practice in at least one High Court, viz., the Patna High Court, to allow advocates to appear and act for accused persons in criminal cases WITHOUT any authority in writing Subda Santal v. Emperor, A. I. R. (13) 1926 Pat. 296 : (27 Cr. L. J. 666). The omission from the Criminal P. C., of a rule corresponding to the aforesaid rule in the Civil P. C. seems obviously to be founded on the principle that the accused in a criminal case should have as unrestricted a right to defend himself as possible.

(3.) The above conclusion is further borne out by a reference to the definition of pleader in Section 4 (1) (r), Criminal P. C., which runs as follows :