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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.