'Profession Can't Be Tarnished': Gujarat High Court Denies Anticipatory Bail To Law Student Accused Of Posing As Advocate

The Gujarat High Court refused to grant anticipatory bail to a woman law student–presently in the third year of LL.B. course, who was booked for posing as an advocate in a case containing allegations of swindling Rs.80,00,000 by various accused persons.

The State had alleged that not only was an identity card issued by Bar Council of Gujarat in her name was recovered, a name plate presenting the accused as an advocate of the Supreme Court of India, seals of various police stations, case register, seals which were used by notary and notarial register, calendar reflecting the petitioner's name as advocate were found during the probe.

The State claimed that statement of various persons who had come forward after lodging of the FIR was also recorded, and presently "Rs.80,00,000 is siphoned by the present applicant and other accused named in FIR".

The FIR was lodged under Sections 316(2)(criminal beach of trust), 318(2)(cheating), 319(cheating by personation), 336(2)(forgery), 340(Forged document or electronic record and using it as genuine), 351(2)(criminal intimidation), 61(2) (criminal conspiracy) BNS.

Justice PM Raval in his order perused the FIR, the application and the investigation papers and noted:

"Prima facie, it appears that while conducting panchanama at the Shop No.7D at Ground Floor in Narmada Plaza at Kadi and at the residence of Jadavjibhai i.e. the husband of the present applicant, at the same day, the visiting card reflecting name of the present applicant as an advocate is recovered; though the applicant is yet to complete her third year of LL.B., the card alleged to have been issued by the Bar Counsel of Gujarat with enrollment...in the name of the applicant is recovered; the register entering the case details is recovered; the board reflecting the name of the present applicant as an advocate of Supreme Court of India is also recovered; Kalol Taluka Police Station seals as well as the seals to utilize for notary and notarial register are also recovered.

The various statement of other victims are also surfaces during the investigation. It transpires that a noble profession of advocacy cannot be allowed to be tarnished in such a like manner. Thus, custodial interrogation would be required to reach to the roots of the alleged offence and involvement of the other persons, if any, and to trace out other victims' in all sum of Rs.80,00,000/- which is alleged to have been swindled by all the accused in connivance with one another".

The petitioner had argued that she is presently in her last semester and is working as a Junior Intern. It was submitted that the petitioner is following the rules and regulation of the Bar Council of Gujarat and that she never presented her Vakalatnama before any court nor did she appear in any court.

It was argued that the petitioner is handling the revenue work of her brother-in-law who is an advocate. It was submitted that the petitioner had only intended to refer the complainant's case to sort out his dispute and under such circumstances it cannot be said that the petitioner is involved in the alleged crime. It was argued that the FIR indicated that the petitioner had asked the complainant to handover the fees after completion of the case, but since the complainant did not want to give the fees with the intention that the petitioner is junior lady advocate he lodged a false complaint.

It was also argued that perusal of FIR would reveal that money was demanded by the accused No.1 and no role is attributed to the petitioner nor does she have any knowledge about the transaction.

The court further referred to the Constitution Bench decision in Shri Gurubaksh Singh Sibbia & Others v/s State Of Punjab (1980) and said that tested on the principles laid down in the judgment, no case was made out for grant of anticipatory bail to the petitioner.

The court rejected the anticipatory bail petition.

Case title: SADHU FALGUNI MITESHKUMAR v/s STATE OF GUJARAT

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 5522 of 2026

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