BHAGWANARAM vs STATE

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in relation to

F.I.R. No.5/2017, Police Station Sarwana for the offences under

Sections 341, 323 and 326 IPC.

Learned counsel for the petitioner submits that though the

petitioner disputes the prosecution case but for the present, he is

ready to offer interim compensation to the tune of Rs.50,000/- to

the injured Sukh Ram without prejudice to his defence at the trial.

He urges that the petitioner is in judicial custody and the trial of

the case is likely to take a long time. He thus prays that the

petitioner deserves to be released on bail.

Learned Public Prosecutor vehemently opposes the

submissions advanced by the learned counsel for the petitioner.

Having regard to the overall facts and circumstances of the

case and looking to the fair offer of compensation made by the

learned counsel on behalf of the petitioner and keeping in view the

nature and location of injuries inflicted to the injured, this Court is

of the opinion that the petitioner deserves to be released on bail.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner namely Bhagwana Ram arrested in

connection with F.I.R. No.5/2017, Police Station Sarwana shall be

released on bail; provided he deposits a sum of Rs.50,000/- in the

trial Court to be paid to the injured Sukh Ram by way of interim

compensation and upon furnishing a personal bond of Rs.50,000/-

and two surety bonds of Rs.25,000/- each to the satisfaction of

the learned trial court with the stipulation to appear before that

Court on all dates of hearing and as and when called upon to do

so. The amount of compensation upon being deposited by the

petitioner, shall be disbursed to the injured Sukh Ram. However,

the offer of compensation shall not be treated to be prejudicial to

the defences of the petitioner at the trial.