Supreme Court Grants Bail to Elderly Woman Accused of Posing as Lawyer, Duping Clients

60-year-old Poonam Khanna walks free after two years in jail; SC cites tardy trial progress despite prosecution’s allegations of widespread fraud

NEW DELHI, February 6 — The Supreme Court today granted bail to a nearly 60-year-old woman who spent over two years behind bars on charges of cheating and criminal breach of trust, allegedly by posing as a qualified lawyer and duping multiple victims of substantial sums.

A bench comprising Justices B.V. Nagarathna and Ujjal Bhuyan set aside the Bombay High Court’s December 8, 2025 order rejecting bail to Poonam Charandas Khanna, who has been in custody since January 29, 2024, in connection with FIR No. 34/2020 registered at Kherwadi Police Station, Mumbai.

The Allegations

According to the prosecution, Khanna allegedly misrepresented herself as a qualified advocate despite lacking legal credentials. She purportedly convinced several persons that she could provide legal relief and extracted “huge sums of monies” as professional fees based on this fraudulent representation.

The case, registered under Sections 420 (cheating) and 406 (criminal breach of trust) read with Section 34 (common intention) of the Indian Penal Code, carries a maximum punishment of seven years imprisonment.

Both the State of Maharashtra and an impleaded respondent—likely a victim—strongly opposed the bail application, submitting in their counter affidavits that Khanna had duped multiple persons through deliberate misrepresentation about her legal qualifications.

Supreme Court’s Reasoning

Despite these serious allegations, the apex court found merit in granting bail, primarily on grounds of:

• Age and health: The appellant is an elderly woman approaching 60 years
• Duration of custody: Over two years of incarceration already undergone
• Trial delay: Only eight of twelve witnesses examined, with no clear timeline for conclusion
• Nature of offences: Maximum punishment of seven years or less
• Defence prospects: Appellant’s counsel argued she has “a good case on merits” with “bright” chances of acquittal

The court directed the trial court to release Khanna on appropriate conditions to ensure her presence during proceedings. However, the bench issued stern warnings: “The appellant shall extend complete cooperation in the trial of the instant case. The appellant shall not misuse her liberty in any manner.”

The order explicitly cautioned that “any infraction of the conditions may entail in cancellation of bail.”

Legal Significance

The case highlights the Supreme Court’s balancing act between serious fraud allegations and constitutional rights to speedy trial and liberty, particularly for elderly undertrials.

While the prosecution painted a picture of systematic fraud targeting vulnerable individuals seeking legal help, the court prioritized the principles that prolonged pre-trial detention without certainty of trial completion amounts to punishment before conviction—especially when the alleged offences carry relatively moderate sentences.

The matter also underscores growing concerns about fake lawyers operating in India’s legal system, a phenomenon that has prompted bar councils and courts to intensify verification mechanisms.

What Happens Next

Khanna will now be produced before the trial court, which must impose appropriate bail conditions. She remains bound to cooperate fully with trial proceedings while the case against her continues.

For the alleged victims who opposed her bail, the court’s decision may be disappointing, but the stringent conditions and warning against liberty misuse provide some safeguards.

The trial will now proceed with the remaining four witnesses, though the timeline for final judgment remains uncertain—a factor that ultimately worked in Khanna’s favor in securing her release after two years of incarceration.