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Judgment
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.