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Mukesh Kumar vs State Of Himachal Pradesh Through Secretary (Home)

High Court Of Himachal Pradesh · Decided on 27 May 2020 · Citation: (2020) 05 SHI CK 0066

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 701 Of 2020
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Judgment

6 paragraphs · 492 words

Ajay Mohan Goel, J

1.

By way way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail in FIR No. 120/2020, dated 17.05.2020, registered under Section 3 of the SC & ST (POA) Act and Section 323 and 341 of the Indian Penal Code at Police Station Nagrota Bagwan, District Kangra, H.P.

2.

Learned counsel for the petitioner submits that the petitioner is not in a position to surrender himself in the Court, as on account of lockdown and curfew which is prevailing in the State of Himachal Pradesh because of COVID­19 pandemic, he is not in a position to be physically present in this Court.

3.

In my considered view, petition under Section 439 of the Code of Criminal Procedure, especially wherein the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are attracted, cannot be entertained until and unless the petitioner is either in custody or he surrenders himself before the appropriate Court, which impliedly means that he is in the custody of the Court. However, this Court can also not ignore the fact that because of unprecedented circumstances, which are prevailing on account of COVID­19 pandemic, the petitioner cannot be left without a remedy, because the filing of the present petition by the petitioner before this Court cannot be questioned, as he has the right to invoke the jurisdiction of this Court under Section 439 of the Code of Criminal Procedure.

4.

Accordingly, in the peculiar circumstances of this case, as prayed for by learned counsel for the petitioner, the petitioner is permitted to withdraw this petition, with liberty to approach the appropriate Court for grant of bail under Section 439 of the Code of Criminal Procedure with regard to FIR No. 120/2020, dated 17.05.2020, registered under Section 3 of the SC and ST (POA) Act and Section 323 and 341 of the Indian Penal Code at Police Station Nagrota Bagwan, District Kangra, H.P. by surrendering before the appropriate Court, which includes this Court also. In addition, in exercise of inherent jurisdiction vested in this Court under Section 482 of the Code of Criminal Procedure, on the request of learned counsel for the petitioner and in the interest of justice, it is ordered that the petitioner shall not be arrested in connection with above mentioned FIR till 5th June, 2020, to enable him to approach the appropriate Court for grant of bail. It is clarified that this Court has not expressed any view on the merit of the case and in the event of the petitioner filing appropriate application under Section 439 of the Code of Criminal Procedure before the appropriate Court and also surrendering before the Court concerned, whether or not bail has to be granted, shall be seen by the Court independently uninfluenced by any observations made by this Court in the present order.

Petition stands disposed of in above terms.