SANJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed under Section 439 Cr.P.C. for grant of bail to Sanjay Kumar - accused-petitioner in case FIR No. 657 dated 3.9.2002 registered under Sections 302, 324, 120-B read with Section 34 IPC at Police Station City Panipat.

(2.) THE FIR was registered in this case on the statement of Sunil son of Balram resident of 191/8, Panipat. As per version of the complainant Sunil, his father Balram (deceased) ran a shop under the name and style of "Balram Durga Kulfi" in Halwai Ahata. On 2.9.2002 at about 10.15 P.M. after closing the shop, he and his father were starting the motorcycle for going to their house, two young boys came out of the adjoining street. One of them gave a knife blow to his father. Sunil tried to catch hold that young boy, upon which, the other boy gave a knife blow on his left arm pit. Sunil and his father raised alarm for their safety. Billu and Mohan came there from the adjoining Halwai shop. The two boys ran into the post office street. One of them was wearing a sky blue coloured shirt. Both of them were tall. According to Sunil, he could identify them if they appear before him. Balram was taken to Maharaj Aggarsain Hospital, Panipat. He expired due to the injury.

(3.) IT is argued that the accused-petitioner Sanjay Kumar and Anuj and Radhey Shyam, co-accused were arrested on 3.11.2003 after lapse of many months. Occurrence had taken place on 2.9.2002. The accused-petitioner had given injury to Sunil-complainant in the left arm pit. He did not cause any injury to the deceased. Injury to Sunil is simple in nature. The accused-petitioner Sanjay Kumar and his co-accused had refused to participate in the test identification parade, because they were shown by the police to the witness who were supposed to identify them.