Bombay High Court grants anticipatory bail to lawyer who represented a person impersonating a party to suit proceedings

The Bombay High Court last week granted interim anticipatory bail to a lawyer who had entered appearance on behalf of a person who was impersonating a lady impleaded as a party to a suit before a Mumbai court [Rakesh Shrinath Dubey v. State of Maharashtra].Justice Bharati Dangre noted that a person impersonating herself as one Pushpa Gidwani, had appointed the lawyer Rakesh Shrinath Dubey by signing a vakalatnama on the same day when the consent terms in suit proceedings were tendered before the City Civil Court.“There is no reason to disbelieve the applicant, as a lawyer was satisfied that the vakalatnama given to him and chose to represent the defendant in the Suit and even signed the consent terms,” the Bench noted before concluding that the lawyer’s custodial interrogation was not necessary..Pushpa Gidwani had been implicated as a defendant in a suit filed in Dindoshi City Civil Court in 2019.On March 9, 2020, a woman approached advocate Dubey claiming to be Gidwani and asked him to represent her in the suit when the consent terms would be tendered in court.Dubey filed his vakalatnama, a document indicating that he would be representing Gidwani, on the same day as the consent terms were filed.There was no reason to dispute her statement, the lawyer’s counsel Aniket Nikam submitted to the High Court.When the matter was subsequently listed before the Lok Adalat in December 2020, the panel members sought to affirm the consent of the defendant and hence asked Dubey to video call his client on WhatsApp which he did.The lady appeared on video and identified herself as Gidwani and accepted the consent terms as true and correct. .The incident came to light, when the real Pushpa Gidwani lodged a complaint with the Khar police station in April 2022, alleging cheating, impersonation and criminal conspiracy by some woman and her lawyer by filing consent terms on her behalf.Apprehending his arrest, Dubey approached the sessions court for anticipatory bail, which was rejected. Thereafter he approached the High Court..Justice Dangre granted interim relief noting that in the event of Dubey’s arrest, he shall be released on bail after furnishing bond of ₹25,000 with one or two sureties and co-operate with the investigation by visiting the police station as and when called..Nikam appeared with advocate Amit Ichan for Dubey. Advocate Prathamesh Bhosle appeared for the complainant intervenor. Additional Public Prosecutor Anamika Malhotra appeared for the State.[Read Order]