THAKOR GAURIBEN RAYMALJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State.

(2.) This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for bail in connection with C.R. No.I - 117 of 2017 registered with Visnagar City Police Station for the offence punishable under Sections 307 , 394 , 504 and 120B of the Indian Penal Code and under Section 135 of the Gujarat Police Act.

(3.) Having considered the rival contentions as also in the light of the statement made by the learned counsel for the petitioner that the petitioner would file an undertaking stating that she would pay to the victim by demand draft a sum of Rs.10,000/- (Rupees Ten Thousand only), without prejudice to her rights and contentions but without claiming the same as set-off if at all the trial court on conclusion of the proceedings awards any compensation to the victim, within 10 days of her release from jail. He states that such an undertaking would be filed in the court concerned within two days from the petitioner release and the petitioner would act upon the same within 10 days from her release. It appears that during the quarrel from the moving auto- rickshaw the victim is alleged to have been thrown out on the road and sustained various injuries including the crush injuries caused by the bus passing besides the autorickshaw. The victim was hospitalised for 45 days and is now stated to be stable. Having regard to the nature of injuries, the victim would be entitled to much more compensation than the mere sum of Rs.10,000/-. However, at this stage, without entering into the victim's entitlement, as also taking into consideration that the petitioner being a lady and non-earning member, the statement made by the learned counsel for the petitioner that she would be paying a sum of Rs.10,000/- to the victim as above stated is accepted at this stage, as a condition for bail.