1973 CRI. L. J. 1665 ::1973 Mah LJ 224 ::73 Bom LR 135

Bombay High Court

Hon'ble Judge(s): Bhole , J

Criminal P.C. (5 of 1898) , S.344— Adjournment costs - Granting costs to prosecution when case is adjourned on account of illness of accused's counsel is improper though not without jurisdiction. Criminal P.C. (5 of 1898) , S.344— Bombay Pleaders Act (17 of 1920) , S.14— Brief Note :- (A) Illness of counsel of accused is quite adequate and sufficient for granting adjournment without any order as to costs. The order is not without jurisdiction. But an order for costs is generally made only in those cases where the circumstances are exceptional and where for some reason or other the ordinary everyday method of conducting criminal cases must be departed from. No order, therefore, generally should be made where the adjournment is inevitable because the lawyer representing the accused was indisposed. (1917) 18 Cri LJ 612 (Mad): and (1906) 2 Cri LJ 803 (All) and Cri Revn. Appln. No. 467 of 1962, D/- 11-9-1962 (Bom). Followed.(Para 5) Though Section 14 of the Bombay Pleaders Act does not in terms apply to advocates under the Advocates Act, the principle of Section 14 is generally kept in mind whenever a lawyer is unable to attend on account of his indisposition or any other reasonable cause. (Para 3) .....