Full Judgment
V.S. Dave, J.
1. I have heard learned Counsel for the parties and have perused the challan papers. Charges have been framed in the case. It is contended that both the parties in the case have sustained injuries and the accused persons parties have sustained injuries by blunt object as well as sharp edged weapons including the fractures. It is also submitted that there are injuries on vital part also, which have not been explained by the complainant party. It is submitted that the circumstances indicate that it is a case of exercise of private defence of person. I am not entering into the controversy because that will be ultimately judged at the fag end of the trial but looking to the circumstance that the trial of the case is not proceeding as expeditiosly as it should have been when the accused has been in the prison since challan was filed as early as September, 1987 and the trial has not yet commenced, I deem it proper to release the accused petitioner on bail.
2. It is, therefore, directed that accused petitioner Ram Kunwar shall be released on bail provided he furnishes a personal bond in the sum of Rs. 10,000/- (Rupees ten thousands) with two sureties in the sum of Rs. 5,000/- each to the satisfaction of the trial court with the stipulation to appear before that court as and when called upon to do so during the pendency of the trial against him in this case.
3. It is made clear that if the accused directly or indirectly pressurises any of the witness in the case, it will be open to the complainant to move for cancellation of bail even before the trial court.