LAWS(HPH)-2011-6-148

COURT ON ITS OWN MOTION Vs. HARESH SOOD

Decided On June 29, 2011
COURT ON ITS OWN MOTION Appellant
V/S
Haresh Sood Respondents

JUDGEMENT

(1.) THESE petitions have been listed before this Court exercising its suo motu powers under Section 397 and 401 of the Code of Criminal Procedure.

(2.) THE cases pertain to grant of bail to both the respondents herein by the learned trial Court. Notices of these petitions were issued to the respondents on 1.6.2011. The Court was closed for Summer Vacation from 5th June, 2011 and such notices were made returnable for 16th June, 2011. On that date the learned Advocate General submitted that two Revision Petitions No. 26 -S/10 of 2011 and 27 -S/10 of2011, titled: State of Himachal Pradesh v. Haresh Soodand 26 -S/10 of 2011 State of Himachal Pradesh v. Kuldip Rao 27 -S/10 of2011 have been preferred by the State before the learned Additional Sessions Judge, Fast Track Court, Shimla, pertaining to the same order of admitting both the respondents on bail. The record of those cases was, therefore, summoned to this Court. On 24.6.2011, the case was heard on its merit, both on these petitions as also on the revision petitions preferred by the State before the learned Fast Track Court, Shimla, which are not different from the grounds which have been raised there.

(3.) ADVERTING to the case of Haresh Sood, who is inter alias practicing in this Court as an Advocate, the learned Court, took note of the submissions, (a) that he was a practicing advocate before this Court and there is no likelihood of his absconding from justice;(b) that he would join investigation as and when called for, (c) his detention in custody would adversely mar his career and destroy his reputation. The Court then continues: