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Judgment
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in custody in connection with FIR No.56/2017 registered at Police Station Kotwali, Dungarpur for the offences under Sections 448, 323, 307 and 109 / 34 IPC.
Heard learned counsel for the petitioners, learned Public Prosecutor and the learned counsel for the complainant. Perused the material available on the record.
Learned counsel for the petitioners makes an offer that the petitioners are ready to pay interim compensation to the tune of Rs.1,00,000/- by way of solace to the injured Sanjay, to whom the life endangering injury was caused. He thus prays that the petitioners deserve to be released on bail.
Learned Public Prosecutor and the learned counsel for the complainant have opposed the prayer for bail.
Having regard to the facts and circumstances of the case and the fact that the petitioners are ready to make payment of interim compensation to the tune of Rs.1,00,000/- to the injured Sanjay, this Court is of the opinion that the petitioners deserve to be released on bail in this case.
Accordingly, the bail application is allowed. It is ordered that the accused-petitioners namely Sunil and Shanker arrested in connection with FIR No.56/2017 registered at Police Station Kotwali, Dungarpur shall be released on bail on their depositing a sum of Rs.1,00,000/- with the learned trial Court by way of interim compensation to the injured Sanjay and provided they furnish a personal bond of Rs.50,000/- each 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 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.