Supreme Court Grants Bail to ‘Fake Lawyer’ Accused of Duping Builder of ₹51 Lakh: Legal Analysis and Implications

Introduction: Bail in a High-Profile Legal Impersonation Case

In a significant order reinforcing the principle of personal liberty and speedy trial, the Supreme Court of India granted bail to Poonam Charandas Khanna, a Mumbai resident accused of impersonating a Supreme Court advocate and cheating a builder of ₹51 lakh.

A Bench comprising Justice BV Nagarathna and Justice Ujjal Bhuyan granted bail primarily on the ground of prolonged incarceration without substantial progress in trial, despite serious allegations of fraud and impersonation.

This case raises critical legal questions about bail jurisprudence, impersonation of legal professionals, cheating offences, and constitutional safeguards of liberty.

Facts of the Case: Alleged Impersonation and Financial Fraud

Alleged Modus Operandi

  • The complainant, a builder facing multiple litigations, was introduced to Khanna through his nephew.

  • Khanna allegedly misrepresented herself as a practising Supreme Court lawyer and presented a visiting card describing herself as a “legal consultant.”

  • She allegedly:

    • Took ₹10 lakh as a retainer fee

    • Demanded ₹50 lakh as professional fees

    • Ultimately received ₹51 lakh

Prosecution’s Allegations

  • She was neither an advocate nor possessed an LLB degree.

  • The prosecution claimed over nine similar cheating cases and two criminal proceedings in Haryana.

  • The High Court termed impersonation of a lawyer as a serious offence eroding public trust in the legal profession.

Procedural History: From Arrest to Supreme Court Bail

  • January 2024: Khanna was arrested in a cheating case registered at Kherwadi Police Station, Mumbai.

  • December 8: Bombay High Court rejected her bail plea, citing the seriousness of the offence.

  • Trial Progress: 8 out of 12 witnesses examined; trial progress remained slow.

  • Supreme Court Appeal: Khanna approached the apex court citing prolonged incarceration and delay in trial.

The Supreme Court granted bail with strict conditions, including cooperation with trial and non-misuse of liberty, with liberty for cancellation of bail if conditions are breached.

Relevant Statutory Provisions

1. Indian Penal Code (IPC) / Bharatiya Nyaya Sanhita (BNS)

Although the case originated under IPC provisions, similar offences exist under the Bharatiya Nyaya Sanhita, 2023 (BNS).

Cheating and Dishonestly Inducing Delivery of Property

  • Section 420 IPC / Section 318 BNS

    • Punishment: Up to 7 years imprisonment and fine

    • Applies where deception induces delivery of property or money.

Cheating by Personation

  • Section 416 & 419 IPC / Section 319 BNS

    • Applies when a person impersonates another to deceive.

    • Relevant for falsely claiming to be a Supreme Court advocate.

Criminal Breach of Trust (if applicable)

  • Section 406 IPC / Section 316 BNS

    • If entrusted money is misappropriated.

2. Advocates Act, 1961

Section 24 – Qualification for Advocates

  • Only individuals with a recognised law degree and enrolment with a State Bar Council can practice law.

Section 45 – Punishment for Illegal Practice

  • Practising law without enrolment is punishable with imprisonment and/or fine.

Impersonating a lawyer is a direct statutory violation and undermines the legal profession’s integrity.

Constitutional Provisions Involved

Article 21 – Right to Life and Personal Liberty

The Supreme Court repeatedly holds that prolonged incarceration without trial violates Article 21. Bail jurisprudence is closely linked to the right to personal liberty.

Article 22 – Protection Against Arbitrary Arrest and Detention

Guarantees procedural safeguards for arrested persons, including the right to be produced before a magistrate and legal counsel.

Judicial Precedents on Bail and Long Incarceration

1. Hussainara Khatoon v State of Bihar (1979)

The Supreme Court recognised the right to speedy trial as part of Article 21 and criticised prolonged detention of undertrials.

2. Sanjay Chandra v CBI (2012) 1 SCC 40

The Court held that bail is the rule and jail is the exception, especially where trial is likely to take long.

3. Arnab Manoranjan Goswami v State of Maharashtra (2020)

The Court emphasised that personal liberty cannot be curtailed casually, even in serious allegations.

4. Union of India v K.A. Najeeb (2021) 3 SCC 713

The Supreme Court granted bail in a serious offence citing long incarceration and slow trial, reinforcing Article 21 safeguards.

5. Satender Kumar Antil v CBI (2022) 10 SCC 51

The Court issued comprehensive guidelines on bail, reiterating liberty-centric criminal justice reforms.

Legal Reasoning Behind Supreme Court’s Bail Order

Ground of Prolonged Incarceration

Khanna had been in custody for over two years, with no certainty of trial conclusion. The Court prioritised constitutional liberty over punitive detention.

Maximum Punishment Consideration

The offences carried a maximum sentence of seven years, and continued pre-trial detention risked exceeding proportional punishment principles.

Trial Progress and Witness Examination

With 8 of 12 witnesses examined, the Court noted uncertainty in trial completion, strengthening the case for bail.

Balancing Liberty and Public Interest

Despite granting bail, the Court imposed conditions:

  • Mandatory cooperation with trial

  • Prohibition on misuse of liberty

  • Bail cancellation if conditions violated

This reflects the judicial balance between individual liberty and societal interest in criminal justice.

Implications for the Legal Profession

Erosion of Public Trust

The High Court’s observation that impersonation is a “taint and blemish on the legal profession” underscores the profession’s ethical foundations.

Need for Regulatory Oversight

The case highlights the need for:

  • Verification of legal credentials

  • Public awareness against legal fraud

  • Stronger enforcement of Advocates Act provisions

Conclusion: Bail Jurisprudence and Rule of Law

The Supreme Court’s decision reaffirms that pre-trial incarceration cannot become a substitute for punishment. While impersonating a lawyer and cheating clients is a grave offence, constitutional courts must safeguard liberty when trials are delayed.

This case reflects the evolving jurisprudence where liberty, proportionality, and procedural fairness remain central pillars of India’s criminal justice system.

Location: Varanasi, Uttar Pradesh, India

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