BRAHAM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this order, I shall dispose of two petitions i.e. CRM-M-22509-2020 filed by petitioner/accused ' Braham Parkash and CRM-M- 6500-2021 filed by petitioner/accused ' Pawan Kumar for grant of regular bail in case FIR No.1082 dtd. 18/10/2016, under Ss. 148, 149, 302, 307, 120-B, 216 IPC and 25 of Arms Act, registered at Police Station City, Gurugram, District Gurugram.

(2.) Briefly stated, facts of the case as per prosecution version are that a FIR in this case was recorded on the basis of statement of complainant Karan Singh son of late Sh.Lakhi Chand, resident of House No.310/25, Shakti Nagar, near Pataudi Chowk, Gurugram, who inter alia stated that he had got four children i.e. three sons and one daughter; his elder son Manish Kumar @ Pappu was engaged in the business of dairy farming and sale of liquor; he had a liquor vend near New Colony turning, old Railway Road, opposite Prem Mandir; on 17/10/2016 at about 9:00/10:00 p.m. while the complainant was sitting at such liquor vend, then at about 11:45 p.m. son of the complainant Manish Kumar @ Pappu along with his driver Sukhvir and Liyaqat came to the liquor vend in his Hyundai Creta car to collect cash; the car was being driven by Sukhvir and Manish @ Pappu was sitting on the front seat whereas Liyakat was sitting on the rear seat; the moment the car stopped in front of the liquor vend and Kamlesh Salesman took cash near the car, in the meanwhile 8- 10 young persons having weapons came there and started indiscriminate firing on Manish @ Pappu and other two occupants of the car; Manish @ Pappu suffered gun shot injuries on his head, chest and abdomen; Sukhvir and Liyaqat also suffered injuries; thereafter the assailants ran away from the spot in two cars, one of which was of make Swift, white in colour, whereas the details of the other car could not be given by the complainant; the complainant informed Ravi Kumar, a bother-in-law of Manish @ Pappu regarding the incident, who immediately reached the spot and took injured to Medhanta Hospital, however, the doctors there declared Manish @ Pappu brought dead, whereas Sukhvir and Liyaqat were admitted in the hospital for treatment; the motive for the incident was that there has been enmity between family of the complainant and family of Sandeep Gadauli and Kaushal of Naharpur, Gurugram; when Sandeep Gadauli was cremated at that time, his brother Kuldeep, Braham Parkash(present petitioner) and sister Sudesh had announced that they would not allow family of complainant to celebrate Diwali festival.

(3.) The complainant in his statement to the police further stated that he was sure that Kuldeep, Braham Parkash and Sudesh, residents of village Gadauli besides Kaushal and his brother Manish and Amit Dagar were involved in murder of Manish @ Pappu son of the complainant. He stated that he could identify the persons, who had fired shots at his son. Accused were arrested in this case. They had filed petitions for grant of regular bail in the Court of Sessions but were unsuccessful there.