OMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners are accused in a murder case. They were released on bail by the Sessions Court, but subsequently the bail granted to them was cancelled on an application of one witness Mahaveer Prasad. The petitioners are in custody since 24th February 1989. They have moved this application for grant of bail.

(2.) Mahaveer Prasad is a person, who lodged the first information report on the basis of which a case was registered. It appears that he wrote a letter to the Sessions Court and thereafter moved an application and it was on the basis of this that after giving notice to the accused persons the bail granted to these two petitioners was cancelled. It may also be mentioned that Mahaveer Prasad was in judicial custody when the alleged letter application was written by him. He is an accused in a case in which the brother of petitioner Omi was murdered. His statement has been recorded before the Court on 28/3/1989. In this statement he has denied that he lodged the report. Now he has also moved another application saying that the earlier letter and application for cancellation of bail was not signed and moved by him.

(3.) The learned Public Prosecutor was asked to submit some record about any incident alleged to have occurred in the Jail premises but nothing has been obtained in this connection.