- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Rajasthan High Court at Jaipur, granting bail to the respondent no.2. (hereinafter called as the 'accused').
(3.) Background facts in a nutshell are as follows: On 18.9.2002, appellant lodged report about the killing of his brother by some persons. It surfaced during investigation that the accused and co-accused Nasik Singh had hired two contact killers- Rohitas and Dharmendra for killing the deceased. Application for bail was filed by the appellant before the Additional Chief Judicial Magistrate, Jaipur, who by order dated 6.6.2006 rejected the application. Application for bail filed before the Additional Sessions Judge, Jaipur, was rejected by order dated 12.7.2006. It was, inter alia, noted as follows: 'The Court heard the arguments advanced by both the parties and has gone through the legal provisions. It is correct that the incident is 4 years old and accused has been investigated twice and the final report was given. In my opinion that enquiry was also done treating him as one of the suspects. Late on the evidence which were collected primarily show his involvement in the crime. Dispute relating to the business of property between both the parties, having ill feelings against the deceased because of the same, bringing the co- accused Nasib Singh to the house of the deceased on the day of incident, the recognition of this Nasib Singh by the wife of deceased during TIP, recognition of the accused who shot the deceased by his wife and his brother-in-law and after their arrest their recognition during TIP, bullets found on the place of incident which was of co-accused's pistol, on the information given by the co- accused the recovery of bullets and arms alongwith the car, the same colour of the car which was reported 4 years back, the recovery of items at the instant of accused persons, the recovery of the places where the conspiracy was hatched by the accused persons, long conversation between accused and co-accused Nasib Singh for hours during, before and after the date of the incident (Applicant/Accused and co-accused did not tell about their conversation on the phone before and after the incident in the enquiries), etc. have come up clearly by the enquiries. Thus the facts and circumstances state that because of the enmity relating to property business the accused planned to murder of the deceased with the co-accused and entered into an illegal contract with the other accused Rohitaas and Dharmendra to kill the deceased. They murdered the deceased and for this work only the accused took the co-accused Nasib Singh to the deceased's house to make him familiar with the person supposed to be killed by them. The accused and the co-accused had a long conversation before and after the incident and this fact was not revealed by them in the earlier enquiries which clearly show the involvement of accused in the crime.";