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2014 Supreme(HP) 1720

SURESHWAR THAKUR
Balbir Singh – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. B.C. Negi, Advocate.
For the Respondents:Mr. Vivek Singh Attri, Deputy Advocate General.

JUDGMENT :

Sureshwar Thakur, J.

All these petitions are being disposed of by a common order as they arise out of the same FIR No. 36 of 2014 of 24.09.2014 registered at Police Station, Shillai.

2. The present applications have been filed by the bail applicants under Section 439 of the Code of Criminal Procedure for enlarging them on bail for theirs allegedly having committed offences punishable under Sections 313, 376, 354-B of the IPC and Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, recorded in FIR No.36 of 2014 of 24.9.2014, registered at Police Station, Shillai, Distt. Sirmour, H.P.

3. On the previous dates all the bail applicants surrendered themselves to the jurisdiction of this Court and today too they have 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 petitions maintainable under the aforesaid provisions of law, there being a statutory bar under The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act against the preferment of a petition under Section 438 of the Cr.P.C. Age of t

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