LAWS(HPH)-2010-2-62

PANKAJ KUMAR Vs. STATE OF HP

Decided On February 22, 2010
PANKAJ KUMAR Appellant
V/S
STATE OF HP Respondents

JUDGEMENT

(1.) THE petitioner herein was arrested under Section 302 of the Indian Penal Code in FIR No. 5 of 2009 registered in GRPS, Kangra. He failed to get the bail from the Court of Sessions, as such, moved the instant application under Section 439 of the Code of Criminal Procedure for his enlargement on bail.

(2.) IN nutshell the prosecution case against him is that Ranjit Singh (deceased) was an employee of the complainant Ashok Kumar, a meat -seller. On 14th August, 2009 the deceased did not attend his work at the shop because of "Janam Ashtami" festival, as such he reported for duty to his employer at 5.00 PM and returned around 6.00 PM. On 15th August, 2009 his dead body was found lying near Railway Station, "Baijnath temple". The FIR was registered and the police started investigation of the case. During the investigation it came to light that the petitioner Pankaj Kumar, Lavlesh (juvenile), deceased Ranjit and Sanjay were friends. The petitioner had bought a motorcycle and the deceased used to make a demand to the petitioner to lend him for his use to which he denied. This nourished grudge between both of them.

(3.) THE only allegation against the petitioner is that he had supplied the weapon of offence to the Juvenile Offender Lavlesh, who had actually committed the crime.