JOGINDER SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The present application has been filed by the bail applicant under Section 439 of the Code of Criminal Procedure for enlarging him on bail for his allegedly having committed offences punishable under Sections 3(7) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 504 read with Section 34 IPC in case F.I.R. No. 99 of 2015 of 22.7.2015 registered at Police Station Nadaun, District Hamirpur, Himachal Pradesh.

(2.) On the previous date the bail applicant surrendered himself to the jurisdiction of this Court and today too he has surrendered to the jurisdiction of this Court, which comprises and constitutes 'deemed custody' within the meaning and ambit of Section 439 of the Cr.P.C. so as to render the instant petition maintainable under the aforesaid provisions of law, there being a statutory bar under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the preferment of a petition under Section 438 of the Cr.P.C. The Investigating Officer Dy.S.P. L.M.Sharma, is present in Court and discloses that the entire investigation stands concluded. He also states that the bail applicant has rendered full and effective cooperation in the investigation carried out by him into the offences allegedly committed by him.

(3.) Consequently, given the cooperation rendered by the bail applicant and also given the fact that the investigation has come to an end and further given the absence of material demonstrating that in the event of bail being granted to the bail applicant, there is every likelihood of the bail applicant fleeing from justice or tampering with prosecution evidence, as a sequel then this Court does not deem it fit and proper to order for the custodial interrogation of the bail applicant. Accordingly, the indulgence of bail is granted to the bail applicant and the order rendered on 11.8.2015 is confirmed on the following conditions: