PUNEET SOOD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition stands preferred by the petitioner/bail applicant, under, Sec. 439 Cr.P.C, for enlarging him on bail, for his allegedly committing offences punishable under Sec. 509 of IPC, and, under Sec. 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, offences whereof stand borne in case FIR No. 198 of 2018 of 7/9/2018, registered at Police Station, Shimla, H.P. Whether reporters of the local papers may be allowed to see the judgment

(2.) A perusal of the status report discloses that the . investigations, carried into the offences, allegedly committed by the bail applicant, and, appertaining to his assaulting the victim, hurling vituperative caste remarks upon her, and, tearing her clothes, prima facie unravel qua, the, afore offences rather standing not committed by the bail applicant. Further more, the Investigating Officer is present in the Court has apprised this Court, qua, the bail applicant rendering, the, fullest cooperation to him, in, the investigation(s) carried out by him, into the offences allegedly committed by him. He further apprises this Court qua the investigation into the offence allegedly committed by the petitioner/bail applicant, being completed, and, that he would within two weeks, be filing a report under Sec. 173 Cr.P.C, in, the Court of Special Judge concerned.

(3.) On the previous date, the bail applicant surrendered himself to the jurisdiction of this Court and today too, he has surrendered himself to the jurisdiction of this Court, which comprises and constitutes 'deemed custody,' within, the meaning and ambit of Sec. 439 Cr.P.C, for hence rendering 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 Sec. 438 Cr.P.C.