Law Should Never Be Pleaded in Pleadings: Supreme Court Cautions Lawyers Against Bulky Applications

In a significant ruling, the Supreme Court of India, comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan, granted bail to Jagatpal Verma, who had been in incarceration for over a decade. While granting the relief, the Court criticized the practice of filing lengthy and overly technical applications for straightforward matters, urging lawyers to adopt more efficient and concise approaches to legal pleadings.

Case Background

Jagatpal Verma, the appellant in the case, was convicted of a crime that resulted in a life sentence. Having spent more than ten years behind bars, Verma approached the Supreme Court seeking bail while his appeal remained pending. The appellant’s legal team submitted a 30-page application that included detailed legal citations and arguments, which the Court found unnecessarily verbose for the relief sought.

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Important Legal Issues

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1. Suspension of Sentence and Grant of Bail: Whether prolonged incarceration of more than ten years without the conclusion of the appeal justified the suspension of sentence and grant of bail.

2. Procedural Efficiency in Pleadings: Whether excessive legal citations and bulky applications hinder judicial efficiency and detract from substantive issues.

Important Observations of the Court

While addressing the issue of legal pleading practices, the Court remarked:  

“Well-settled proposition of law is that in pleadings, the law should never be pleaded. However, the appellant has done that. It will be appropriate if members of the Bar avoid filing such bulky applications in support of simple prayers.”

The Court expressed concern about the inefficiency caused by redundant legal pleadings, emphasizing that streamlined applications help conserve judicial time and resources. This observation underscores the need for focused and effective legal drafting to assist the judiciary in resolving matters promptly.

Decision of the Court

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After considering the facts and circumstances of the case, including the appellant’s extended period of incarceration, the Supreme Court granted bail to Jagatpal Verma. The Court directed the appellant to appear before the trial court within one week, where he would be released on appropriate terms and conditions pending the final disposal of his appeal.

Case Details

– Case Name: Jagatpal Verma vs. State of Uttar Pradesh  

– Case Number: Criminal Appeal No. 1725/2024  

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– Bench: Justice Abhay S. Oka and Justice Ujjal Bhuyan  

– Appellant’s Counsel: Mr. Ashutosh Kumar Mishra, Mr. Arghay Ajay Gautam, Ms. Radhika Goel, and Ms. Anjali Rawat  

– Respondent’s Counsel: Mr. Shaurya Sahay, Mr. Aditya Kumar, and Ms. Ruchil Raj  

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