Was recently summoned—not by the
court, mind you, but by destiny—to argue a pre-arrest bail matter under the PC
Act in the noble trial courts of Bihar.
The client had received the
honour of being summoned post-cognizance on a chargesheet. Being cautious
creatures, we moved a pre-arrest bail under the illuminating glow of Satender
Kumar Antil, armed with the Supreme Court’s wisdom that courts ought not to
behave like jail-brokers in robe.
Just before I was to unleash my
well-prepared arguments, the local counsel—calm as a monk and blunt as a
hammer—whispered, “Don’t get your hopes up. Court’s already denied 7-8
identical bails of co-accused.” Apparently, the court was on a judicial losing
streak.
Nonetheless, as members of the
noble profession who thrive on optimism, caffeine (and sometime on nicotine)
and binding precedents, I decided to press on.
Day 1: The court was interactive,
alert, and almost Socratic. Every legal question hurled was returned with a
clean drive to the fence. The Bench appeared intrigued, perhaps even mildly
impressed. It directed us to file a short note on the post-Antil jurisprudential
journey. We nodded dutifully, mistaking judicial curiosity for impending
benevolence.
Day 2: Short note filed with the
sincerity of a UPSC aspirant. Arguments ran for 90 minutes. The Bench listened,
leaned forward, nodded, scribbled—classic signs of hope. The prosecution,
sensing things going south, cleverly sought a date. Granted, of course!
Day 3: The prosecution arrived,
delivered a 15-minute monologue—zero law, pure facts, mostly fiction. In
rejoinder, argued the punchline of the season: “If the arrest was so essential,
why didn’t you arrest him during investigation? Now that you’ve let him roam
free, why must the court step in as your arresting tool?”
Echoed well in the gallery.
Silent applause ensued. Lawyers unaffiliated with the case patted backs and
muttered confident blessings: “Done deal. Bail granted.”
Everyone was convinced.
Everyone—except me.
As it happens in litigation—where
optimism is a liability and cynicism a survival trait—the order arrived four
days later. Bail: Denied.
The order was proof that law may
evolve, arguments may impress, and Supreme Court judgments may bind, but trial
courts—well, they often remain romantically committed to the idea that custody
is the answer to all existential questions.
Now we march to the High Court,
riding on the chariot of Article 21 and Supreme Court precedents. But as any
seasoned litigator will tell you: in this profession, the only thing more
uncertain than the law is tomorrow’s cause list. And yet, I still ponder the
mystery of those three dates— hours of travel, toil, and temperance. If
rejection was preordained, why the entire Shakespearean drama?
But perhaps, that is the essence
of advocacy—performing your best act on a stage where the script may already be
written. Curtain falls. On to the next act.