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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor as well as learned counsel for the complainant. Perused
the material available on record.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioner who is in custody in
connection with F.I.R. No.339/2016, registered at Police Station
Lalgarh Jatan, District Sri Ganganagar for the offences under
Sections 307, 341, 323 and 325 / 34 IPC.
The petitioner is alleged to have inflicted a grievous injury on
the head of the injured Brijlal. Co-accused Indraj has been
enlarged on bail upon making payment of compensation to the
injured.
Learned counsel for the petitioner submits that without
prejudice to his defences, the petitioner, by way of humanitarian
approach, is ready to offer compensation to the tune of
Rs.80,000/- to the injured Brijlal for the pain and suffering caused
by the injuries caused to him. He thus urges that the petitioner
deserve to be enlarged on bail.
Learned Public Prosecutor as well as learned counsel for the
complainant oppose the submissions advanced by the petitioner''s
counsel and urges that if at all this Court is inclined to enlarge the
petitioner''s bail, the amount of compensation being offered may
be enhanced.
Having regard to the entirety of facts and circumstances as
available on record and considering the fact that the petitioner is
ready to offer compensation to the tune of Rs.80,000/- to the
injured Brijlal, the prayer for bail made on his behalf deserves to
be accepted.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioner Sandeep arrested in
connection with the F.I.R. No.339/2016, registered at Police
Station Lalgarh Jatan, District Sri Ganganagar shall be released on
bail upon the petitioner depositing a sum of Rs.80,000/- in all in
the trial Court by way of a demand draft prepared in the name of
injured Brijlal and provided he furnishes 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 demand draft upon being submitted shall be
disbursed to the injured Brijlal.
It is clarified that the offer of compensation made by the
accused petitioner shall not be treated to be prejudicial to his
defences at the trial.