HC cancel bail to former Cong Minister's brother & others



Shimla. (Aug 16): Himachal Pradesh High court today taking suo-moto action reverted lower court orders and cancelling the bail granted by the lower court to five accused including a former Congress Minister’s brother being held for hatching judicial fraud after procuring fake judgment to acquit themselves in notorious CPMT paper leak case.

Single judge bench of  Justice Kuldeep Singh of Himachal Pradesh High Court today set-aside the lower court’s order in which it had granted bail to five main accused including Former Congres Minster Rangila Ram Rao’s brother Kuldeep Rao on various grounds. Mr Justice Singh observed that lower court has ignored the observations made by high court that this case involved serious erosion of the credibility of the judicial system. Justice Singh said in the order today that “offences against justice could not be treated as routine offences of forgery and cheating and the lackadaisical manner in which the judgment proceeds to dispose of the bail applications by pontificating on personal liberty.”

Terming the bail granted to five on June 29, 2011 by lower court, HC observed that the bail granting order has ignored enormity and magnitude of an offence and the erosion of the public interest and the credibility of the judiciary by those who were supposed to protect the same.

The bail applications of Haresh Sood and Kuldeep Rao were allowed by the trial Magistrate on May 28, 2011, this Court took suo motu action and on June 29, 2011 set-aside the bail granting to Haresh Sood and Kuldeep Rao. Court said that the reasons assigned by the Sessions Judge in granting bail to Shivender Batish, Dinesh Kapoor and Duni Chand Yadav are not in substance different from the reasons for granting bail to Kuldeep Rao. It said that Sessions Judge has committed impropriety in granting bail to bail applicants in the presence of observations and the seriousness of the case noticed by this Court in the judgment June 29, 2011.

HC set aside the order granting bail by the lower courts directing the accused to surrender before the police immediately.

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