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2016 DIGILAW 568 (RAJ)

Jasvinder Singh @ Titu v. State of Raj.

2016-04-23

SANDEEP MEHTA

body2016
JUDGMENT : Hon'ble MEHTA, J.—Heard learned counsel for the parties. Perused the material available on record. 2. The instant bail third application under Section 439 Cr.P.C. has been filed by the petitioner who is in custody in connection with F.I.R. No.262/2014, Police Station Hindumalkot, District Sri Ganganagar for offences under Sections 341, 323, 326 and 307 IPC. 3. The petitioner’s earlier bail application was dismissed on 11.5.2015 giving him liberty to move fresh a bail application after the examination of the injured and the medical officer. 4. Learned counsel for the petitioner submits that the petitioner is in custody since November, 2014. One single injury was caused in the incident which as per the petitioner’s counsel happened on the spur of moment. He submits that by way of repentance but without prejudice to the defence of the petitioner, he is ready to offer a sum of Rs.50,000/- by way of interim compensation to the injured Shri Paramjeet Singh for the injuries received by him in the incident and prays that the petitioner deserves to be released on bail. 5. Learned Public Prosecutor opposes the submissions advanced by the learned counsel for the petitioner. 6. Having regard to the overall facts and circumstances of the case and considering the prolonged period of custody suffered by the petitioner and the fair offer of compensation made by learned counsel for the petitioner, but without expressing any opinion on the merits of the case, this Court is of the opinion that it is a fit case for grant of bail to the petitioner. 7. Accordingly, this third bail application is allowed and it is directed that petitioner Jasvinder Singh @ Titu arrested in connection with the F.I.R. No.262/2014, Police Station Hindumalkot, District Sri Ganganagar, shall be released on bail subject to his depositing a sum of Rs.50,000/- in the trial court without prejudice to his defences and provided he furnishes a personal bond of Rs.80,000/- and two surety bonds of Rs.40,000/- 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 offer of compensation made on behalf of the accused shall not be treated to be prejudicial to his defences at the trial. 8. The amount of compensation upon deposition shall be disbursed to the injured Shri Paramjeet Singh.