{"id":407,"date":"2020-04-23T10:29:51","date_gmt":"2020-04-23T10:29:51","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=407"},"modified":"2021-01-07T05:33:21","modified_gmt":"2021-01-07T05:33:21","slug":"elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/","title":{"rendered":"Elevation of the Advocate to bench and appointment of Junior Counsel as Amicus Curaie is no ground to remand the case & sentencing needs special consideration of all the underlying circumstances"},"content":{"rendered":"\n

Harshit Sharma | Amity Law School, Madhya Pradesh | 20th December 2019 <\/strong><\/p>\n\n\n\n

Mayank N Shah V\/s. State of Gujarat Criminal Appeal No. 2298\/2010<\/strong><\/p>\n\n\n\n

FACTS\nOF THE CASE<\/strong><\/h4>\n\n\n\n
  1. Accused\nNo.1 was the Branch Manager of Central Bank of India, accused 2 & 3 were\nthe partners of M\/s. New Russian Automobiles and appellant\/accused No. 4 was\nthe Chief Manager (Operations) of the firm and accused No. 5 was serving as\nOffice Superintendent. <\/li>
  2. Accused\nNo. 2 applied to the Central Bank for availing the loan facility, which was\nfrom time to time extended at the instance of accused No. 1 and also to quote\nhere, former has formed 3 fictitious propriety in the Mumbai itself. <\/li>
  3. For\nseeking the credit facility certain bills which were endorsed with the\nsignatures of accused No. 2 to 5 were provided to the bank, on account of which\nthe credit facility was granted by accused No.1. <\/li>
  4. It\nwas the allegation in the complaint that all the accused persons hatched a\nconspiracy to cheat the bank and they managed to get fake motor receipts\nalleged to have been issued by one Bombay General Freight Carriers Pvt. Ltd.,\nBombay.  <\/li>
  5. Furthermore,\nAs alleged in the complaint, the appellant\/accused no.4 and accused no.5\npresented to the bank 25 bills for the total amount of Rs.18,57,064.40 during\nthe period from October 1975 to March 1976 and in the said manner, the firm has\navailed the credit facility from the bank against such bills, by presenting\nfake transport receipts.  <\/li>
  6. Moreover,\non other accounts also various false & fabricated receipts and forged bills\nwere given to the bank, for advancing money. <\/li>
  7. In\naddition to the same, accused no.1 accepted a wrist watch, Crown T.V. set and\nenjoyed a trip to Bombay at the expense of accused nos.2 and 3, as such,\ncommitted the offence punishable under Section 161 and 165 of the Indian Penal Code,\n1860. <\/li>
  8. After\ncompletion of the investigation on the complaint, all the accused were charged\nfor the offences punishable under Sections 161, 166, 420, 468 and 471, IPC read\nwith Sections 5(1)(d) and 5(2) of Prevention of Corruption Act, 1947.<\/li>
  9. The\nlearned trial Court and Hon\u2019ble High Court affirming the allegations, convicted\nall the accused for the above charged offences. The Accused No. 4 challenged\nthe High Court\u2019s judgment by preferring the present SLP. <\/li><\/ol>\n\n\n\n

    ISSUES\nRAISED<\/strong><\/h4>\n\n\n\n
    1. Whether\nthe elevation to the judge of High Court of the advocate who presented the appeal\nis a ground to remand the case back to the High Court? <\/li>
    2. Whether\nthe appellant is responsible for such elevation, as no correspondence could be\nreached to him and thus, could not get adequate opportunity of being heard? <\/li>
    3. Whether\nthe appointment of junior counsel from CBI as Amicus Curaie is a ground to\nremand the case back?<\/li>
    4. What\nshall be the criterion for sentencing the convicted person and what\ncircumstances be seen in establishing guidelines for sentencing? <\/li><\/ol>\n\n\n\n

      RULING\nOF THE COURT\/ THE COURT HELD THAT<\/strong><\/h4>\n\n\n\n

      The\nHon\u2019ble Supreme Court of India, upholding the conviction made by the learned\nTrial Court and High Court, observed the following: <\/p>\n\n\n\n

      1. When\nthe advocate on record who filed the appeal was elevated to the Bench, it was\nfor the appellant to make his own arrangement for appointing another advocate\nin the place of earlier advocate on record. \nAppellant did not take any steps in this regard. Even notice sent to the\nappellant was not received by him for want of correct address.  As such there was no option except to proceed\nfor disposal of the appeal filed by the appellant, by appointing amicus curiae.  On the mere allegation of the appellant that\nthe amicus curiae appointed was earlier junior counsel of C.B.I. advocate, is\nno ground to interfere with the impugned judgment.<\/li>
      2. In\nthe light of the case of State of Madhya Pradesh v. Udham Singh & Ors<\/strong>,\nthe court gave benefit in sentence of imprisonment to the appellant\/accused as\nit is an undisputed fact that appellant was working in the firm to which other\nco-accused were partners and he was relatively lower in hierarchy & only a\nsalaried employee. On account of which he was to be bound by the decision of\nthe co-accused and has not that much to do with the present case, in terms if\nmonetary benefit and THUS, the sentence in respect of all the offences for\nwhich he was convicted was reduced to half and shall run concurrently.  <\/li><\/ol>\n","protected":false},"excerpt":{"rendered":"

        Harshit Sharma | Amity Law School, Madhya Pradesh | 20th December 2019 Mayank N Shah V\/s. State of Gujarat Criminal Appeal No. 2298\/2010 FACTS OF THE CASE Accused No.1 was the Branch Manager of Central Bank of India, accused 2 & 3 were the partners of M\/s. New Russian Automobiles and appellant\/accused No. 4 was […]<\/p>\n","protected":false},"author":144,"featured_media":373,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[26],"tags":[],"yoast_head":"\nElevation of the Advocate to bench and appointment of Junior Counsel as Amicus Curaie is no ground to remand the case & sentencing needs special consideration of all the underlying circumstances - LexForti<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Elevation of the Advocate to bench and appointment of Junior Counsel as Amicus Curaie is no ground to remand the case & sentencing needs special consideration of all the underlying circumstances - LexForti\" \/>\n<meta property=\"og:description\" content=\"Harshit Sharma | Amity Law School, Madhya Pradesh | 20th December 2019 Mayank N Shah V\/s. State of Gujarat Criminal Appeal No. 2298\/2010 FACTS OF THE CASE Accused No.1 was the Branch Manager of Central Bank of India, accused 2 & 3 were the partners of M\/s. New Russian Automobiles and appellant\/accused No. 4 was […]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/\" \/>\n<meta property=\"og:site_name\" content=\"LexForti\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/Lexforti\/\" \/>\n<meta property=\"article:author\" content=\"https:\/\/www.facebook.com\/harshit.sharma.1048\" \/>\n<meta property=\"article:published_time\" content=\"2020-04-23T10:29:51+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2021-01-07T05:33:21+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/04\/All-the-love-from-James-9.jpg?fit=560%2C315&ssl=1\" \/>\n\t<meta property=\"og:image:width\" content=\"560\" \/>\n\t<meta property=\"og:image:height\" content=\"315\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/png\" \/>\n<meta name=\"author\" content=\"Hshits1997\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Hshits1997\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"4 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/#article\",\"isPartOf\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/\"},\"author\":{\"name\":\"Hshits1997\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355\"},\"headline\":\"Elevation of the Advocate to bench and appointment of Junior Counsel as Amicus Curaie is no ground to remand the case & sentencing needs special consideration of all the underlying circumstances\",\"datePublished\":\"2020-04-23T10:29:51+00:00\",\"dateModified\":\"2021-01-07T05:33:21+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/\"},\"wordCount\":750,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/#organization\"},\"articleSection\":[\"Supreme Court Judgement\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/\",\"url\":\"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/\",\"name\":\"Elevation of the Advocate to bench and appointment of Junior Counsel as Amicus Curaie is no ground to remand the case & sentencing needs special consideration of all the underlying circumstances - LexForti\",\"isPartOf\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/#website\"},\"datePublished\":\"2020-04-23T10:29:51+00:00\",\"dateModified\":\"2021-01-07T05:33:21+00:00\",\"breadcrumb\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/lexforti.com\/legal-news\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Elevation of the Advocate to bench and appointment of Junior Counsel as Amicus Curaie is no ground to remand the case & sentencing needs special consideration of all the underlying circumstances\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#website\",\"url\":\"https:\/\/lexforti.com\/legal-news\/\",\"name\":\"LexForti\",\"description\":\"Legal\",\"publisher\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/#organization\"},\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/lexforti.com\/legal-news\/?s={search_term_string}\"},\"query-input\":\"required name=search_term_string\"}],\"inLanguage\":\"en-US\"},{\"@type\":\"Organization\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#organization\",\"name\":\"LexForti Legal News & Journal\",\"url\":\"https:\/\/lexforti.com\/legal-news\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/logo\/image\/\",\"url\":\"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/08\/159134300345793876.png?fit=404%2C404&ssl=1\",\"contentUrl\":\"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/08\/159134300345793876.png?fit=404%2C404&ssl=1\",\"width\":404,\"height\":404,\"caption\":\"LexForti Legal News & Journal\"},\"image\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/logo\/image\/\"},\"sameAs\":[\"https:\/\/www.facebook.com\/Lexforti\/\",\"https:\/\/www.instagram.com\/lexforti\/\",\"https:\/\/www.linkedin.com\/company\/lex-forti\/\"]},{\"@type\":\"Person\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355\",\"name\":\"Hshits1997\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/image\/\",\"url\":\"https:\/\/lexforti.com\/legal-news\/wp-content\/uploads\/2021\/01\/159134300345793876-96x96.png\",\"contentUrl\":\"https:\/\/lexforti.com\/legal-news\/wp-content\/uploads\/2021\/01\/159134300345793876-96x96.png\",\"caption\":\"Hshits1997\"},\"description\":\"Harshit Sharma Advocate is a practising lawyer at the High Court of Madhya Pradesh, Bench at Gwalior. He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.\",\"sameAs\":[\"https:\/\/www.facebook.com\/harshit.sharma.1048\"],\"url\":\"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Elevation of the Advocate to bench and appointment of Junior Counsel as Amicus Curaie is no ground to remand the case & sentencing needs special consideration of all the underlying circumstances - LexForti","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/","og_locale":"en_US","og_type":"article","og_title":"Elevation of the Advocate to bench and appointment of Junior Counsel as Amicus Curaie is no ground to remand the case & sentencing needs special consideration of all the underlying circumstances - LexForti","og_description":"Harshit Sharma | Amity Law School, Madhya Pradesh | 20th December 2019 Mayank N Shah V\/s. State of Gujarat Criminal Appeal No. 2298\/2010 FACTS OF THE CASE Accused No.1 was the Branch Manager of Central Bank of India, accused 2 & 3 were the partners of M\/s. New Russian Automobiles and appellant\/accused No. 4 was […]","og_url":"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/","og_site_name":"LexForti","article_publisher":"https:\/\/www.facebook.com\/Lexforti\/","article_author":"https:\/\/www.facebook.com\/harshit.sharma.1048","article_published_time":"2020-04-23T10:29:51+00:00","article_modified_time":"2021-01-07T05:33:21+00:00","og_image":[{"width":560,"height":315,"url":"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/04\/All-the-love-from-James-9.jpg?fit=560%2C315&ssl=1","type":"image\/png"}],"author":"Hshits1997","twitter_card":"summary_large_image","twitter_misc":{"Written by":"Hshits1997","Est. reading time":"4 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/#article","isPartOf":{"@id":"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/"},"author":{"name":"Hshits1997","@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355"},"headline":"Elevation of the Advocate to bench and appointment of Junior Counsel as Amicus Curaie is no ground to remand the case & sentencing needs special consideration of all the underlying circumstances","datePublished":"2020-04-23T10:29:51+00:00","dateModified":"2021-01-07T05:33:21+00:00","mainEntityOfPage":{"@id":"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/"},"wordCount":750,"commentCount":0,"publisher":{"@id":"https:\/\/lexforti.com\/legal-news\/#organization"},"articleSection":["Supreme Court Judgement"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/#respond"]}]},{"@type":"WebPage","@id":"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/","url":"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/","name":"Elevation of the Advocate to bench and appointment of Junior Counsel as Amicus Curaie is no ground to remand the case & sentencing needs special consideration of all the underlying circumstances - LexForti","isPartOf":{"@id":"https:\/\/lexforti.com\/legal-news\/#website"},"datePublished":"2020-04-23T10:29:51+00:00","dateModified":"2021-01-07T05:33:21+00:00","breadcrumb":{"@id":"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/lexforti.com\/legal-news\/elevation-of-the-advocate-to-bench-and-appointment-of-junior-counsel-as-amicus-curaie-is-no-ground-to-remand-the-case-sentencing-needs-special-consideration-of-all-the-underlying-circumstances\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/lexforti.com\/legal-news\/"},{"@type":"ListItem","position":2,"name":"Elevation of the Advocate to bench and appointment of Junior Counsel as Amicus Curaie is no ground to remand the case & sentencing needs special consideration of all the underlying circumstances"}]},{"@type":"WebSite","@id":"https:\/\/lexforti.com\/legal-news\/#website","url":"https:\/\/lexforti.com\/legal-news\/","name":"LexForti","description":"Legal","publisher":{"@id":"https:\/\/lexforti.com\/legal-news\/#organization"},"potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/lexforti.com\/legal-news\/?s={search_term_string}"},"query-input":"required name=search_term_string"}],"inLanguage":"en-US"},{"@type":"Organization","@id":"https:\/\/lexforti.com\/legal-news\/#organization","name":"LexForti Legal News & Journal","url":"https:\/\/lexforti.com\/legal-news\/","logo":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/logo\/image\/","url":"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/08\/159134300345793876.png?fit=404%2C404&ssl=1","contentUrl":"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/08\/159134300345793876.png?fit=404%2C404&ssl=1","width":404,"height":404,"caption":"LexForti Legal News & Journal"},"image":{"@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/Lexforti\/","https:\/\/www.instagram.com\/lexforti\/","https:\/\/www.linkedin.com\/company\/lex-forti\/"]},{"@type":"Person","@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355","name":"Hshits1997","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/image\/","url":"https:\/\/lexforti.com\/legal-news\/wp-content\/uploads\/2021\/01\/159134300345793876-96x96.png","contentUrl":"https:\/\/lexforti.com\/legal-news\/wp-content\/uploads\/2021\/01\/159134300345793876-96x96.png","caption":"Hshits1997"},"description":"Harshit Sharma Advocate is a practising lawyer at the High Court of Madhya Pradesh, Bench at Gwalior. He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.","sameAs":["https:\/\/www.facebook.com\/harshit.sharma.1048"],"url":"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/"}]}},"views":87,"_links":{"self":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/407"}],"collection":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/users\/144"}],"replies":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/comments?post=407"}],"version-history":[{"count":1,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/407\/revisions"}],"predecessor-version":[{"id":6978,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/407\/revisions\/6978"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media\/373"}],"wp:attachment":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media?parent=407"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/categories?post=407"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/tags?post=407"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}