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High CourtsSINGLE BENCH(2017) 04 RAJ CK 0021

Aarif S/o Mohd Ismail vs The State of Rajasthan

Rajasthan High Court · Decided on 4 April 2017

HON’BLE JUDGES
Sandeep Mehta
CASE NUMBER
2879 of 2017

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Judgment

8 paragraphs · 343 words
1.

Heard learned counsel for the petitioner, learned Public Prosecutor and the learned counsel for the complainant. Perused the material available on the record.

2.

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with FIR No.56/2017 registered at Dungarpur Kotwali Police Station, Distt. Dungarpur for the offences under Sections 448, 323, 307 and 109 / 34 IPC.

3.

Learned counsel for the petitioner makes an offer that the petitioner is ready to pay interim compensation to the tune of Rs.50,000/- by way of solace to the injured Sanjay, to whom the life endangering injury was caused. He points out that co-accused Sunil and Shanker have been granted bail on the same consideration and prays that the petitioner too deserves to be released on bail.

4.

Learned Public Prosecutor and the learned counsel for the complainant have opposed the prayer for bail.

5.

Having regard to the facts and circumstances of the case and the fact that the petitioner is ready to make payment of interim compensation to the tune of Rs.50,000/- to the injured Sanjay, this Court is of the opinion that the petitioner deserves to be released on bail in this case.

6.

Accordingly, the bail application is allowed. It is ordered that the accused-petitioner Aarif arrested in connection with FIR No.56/2017 registered at Dungarpur Kotwali Police Station, Distt.

Dungarpur shall be released on bail on his depositing a sum of Rs.50,000/- with the learned trial Court by way of interim compensation to the injured Sanjay 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.

7.

The amount so deposited by the accused shall be disbursed to the injured Sanjay. It is made clear that the compensation offered by the accused shall not be treated to be an admission of offence.