- (1.) Heard learned advocate for the applicants and learned APP for the respondent-State.
(2.) This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 436, 450, 427, 504, 506(2) and 114 of the Indian Penal Code and under Section 135 of the G.P. Act for which FIR came to be registered at C.R. No.I-84 of 2017 with Tharad Police Station.
(3.) At the outset, learned counsel for the petitioners under instructions of the petitioners states that without prejudice to their rights and contentions; but without claiming it as a set off against the compensation which the trial Court may eventually decide to give to the victims, the petitioners would pay to the victim-Ratanbhai Kumbhabhai Varan, by way of demand draft, a sum of Rs.1,00,000/- (Rupees One Lac Only) within two weeks of their release on bail if this Court orders their release. Learned Counsel for the petitioners further states that undertaking to the above effect will be filed by the petitioners jointly in the Court concerned within two days of their release. Learned Counsel for the petitioners also states that during the pendency of the trial, if any, the petitioners would stay beyond the jurisdiction of Tharad Police Station; except for attending the Court proceedings and marking their presence with the Police Station. In the light of the above statement and having considered the rival contention; including those raised by the original complainant, the case for admitting the petitioners to bail is made out.;