SATISH CHANDRA BIRULY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In pursuance of direction of this Court, accused-Satish Chandra Biruly and opposite party no.2 are present before this Court duly identified by their respective counsel. It is submitted on behalf of the petitioner that he was granted provisional bail vide order dated 26.04.2019 and notice was ordered to be issued upon opposite party no.2/informant/victim. He prayed for confirmation of provisional bail of this petitioner. Learned A.P.P. appeared on behalf of the State. Learned counsel for opposite party no.2/victim/informant is present before this Court and filed Vakalatnama in Court. Let it be taken on record.

(2.) Learned counsel for the petitioner offered Rs.50,000/- as a measure of rehabilitation to the victim without being prejudiced to his right for which he prayed one month time. Learned counsel for the opposite party no.2 has no objection to the said offer of rehabilitation but submitted that apart from this amount order may be passed for entitling her to the benefit extended by the State Government under victim compensation scheme.

(3.) Considering the above submission of the parties as well as that this petitioner is on provisional bail and has offered some amount for rehabilitation of the victim, therefore, provisional bail granted to accused/petitioner namely Satish Chandra Biruly vide order dated 26.04.2019 in connection with Muffasil P.S. Case No. 24 of 2019 pending in the Court of Additional Chief Judicial Magistrate, Chaibasa, is hereby, confirmed subject to condition that petitioner shall deposit Rs.50,000/- to informant/victim without being prejudiced to his right as a measure of rehabilitation. The court below will accept the deposit of Rs.50,000/- in the shape of bank draft in the name of informant/victim-Amigeeta Birua on or before 6th September, 2019 and this amount shall be released in favour of victim/informant on the application being so made by her. If the above amount is not deposited by 6th September, 2019 then opposite party no.2/informant/victim shall have liberty to move before the court below for cancellation of his bail and court below shall pass order for cancelling the bail of this petitioner. Thus, instant bail application is allowed and disposed of.