MANMOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved by the Order dt. 23.10.2010, passed by the Additional Sessions Judge (Fast Track) No. 2, Kota, whereby the learned Judge has upheld the Order dt. 04.10.2010, passed by the Principal Magistrate, Juvenile Justice Board, Kota ("the Board", for short), wherein the learned Board had denied the benefit of bail to the petitioner, he has approached this Court.

(2.) Mr. Mohd. Iqbal Khan, the learned counsel for the petitioner, has vehemently contended that initially a FIR, FIR No. 83/2008, was registered for offences under Secs. 302 & 120-B Penal Code against some persons including the petitioner. This FIR related to an alleged murder of Shiv Shankar. However, after a thorough investigation, the Police submitted a negative final report. Subsequently, another FIR, FIR No. 272/2009, was registered for offences under Secs. 302 and 34 IPC. According to the prosecution, during the investigation in the said FIR, the present petitioner was arrested. During the investigation he revealed the fact that he was also involved in the alleged murder of Shiv Shanker. Thus, the Police reopened the investigation in FIR No. 83/2008, the first FIR mentioned above. The petitioner was arrested in the said case also.

(3.) According to the learned counsel, the allegation in FIR No. 83/2008 is that the petitioner along with his sister, Sunita and one Mahaveer conspired to kill Shiv Shankar. They carried out their plan and killed Shiv Shankar. The motive for killing Shiv Shankar was the alleged illicit relationship that had developed between Sunita and Mahaveer. Subsequently, even Sunita was killed. According to the learned counsel, Mahaveer had lodged the second FIR against the petitioner in Order to protect his own skin. Therefore, according to the learned counsel, the second FIR lodged against the present petitioner is a fabricated case against him. In Order to buttress this contention, he has relied upon the testimony of the petitioner's father, Cheetarlal, given in the second case.