LAWS(HPH)-2020-10-63

KARAM DASS Vs. STATE OF HIMACHAL PRADESH

Decided On October 06, 2020
KARAM DASS Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The petitioner, on being arraigned as accused for commission of offences punishable under Section 3(1)(c)(g)(s) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 341 & 34 of the Indian Penal Code, 1860 (IPC), in FIR No. 72 of 2020 dated 24.9.2020, registered in Police Station, Sunni, District Sunni, HP, has come up under Section 439 of the Code of Criminal Procedure, 1973, seeking permission to surrender before this Court, and simultaneously seeking release on ad-interim bail. Given the propositions of law involved, instead of accepting surrender, the Court stayed the arrest subject to his joining the investigation in the interim.

(2.) The accused/petitioner is present in Court and has offered to surrender, which is accepted, and thus, is in deemed custody of the Court. The status report stands filed, and I have gone through it.

(3.) The petitioner's criminal history relating to the offences prescribing sentence of greater than seven years of imprisonment or when on conviction, the sentence imposed was more than three years: The contents of the petition and the status report do not reveal any criminal history.