MOHD. LATEEF DEEDAR Vs. STATE

JUDGEMENT

(1.) An invigorated criminal justice system would provide guarantee to a crime free society which, in turn, will reinforce and refurbish economic, cultural and religious image thereof. A strong Criminal justice system forms the bedrock of an orderly society. All other branches of law and spheres of human activity are correlated to a crime free society. For attaining the goal of crime free society, criminal justice system has to be given precedence over all other branches of law.

(2.) The Petitioner, accused in case F.I.R No. 130/2008 Police Station Kupwara registered under Sections 364, 302, 34, 420B RPC, was tendered pardon by the learned Chief Judicial Magistrate, Handwara vide his order dated 28-11-2008 after entering into satisfaction that the circumstances of the case warrant so. The Petitioner was tendered pardon on the condition that he will make a full and true disclosure of the circumstances within his knowledge relating to the offences and of every other person concerned with the commission thereof. The Petitioner accepted the conditional pardon. Statement of the Petitioner was recorded Under Section 164 Code of Criminal Procedure by the learned Judicial Magistrate. Prior to this, Petitioner's statement was also recorded by the police concerned during the investigation of the case. The report Under Section 173 Code of Criminal Procedure was filed before the learned Judicial Magistrate, the offences being triable by the learned Sessions Judge, the case was accordingly committed to the Court of Principal Sessions Judge Kupwara. The accused were charge sheeted and prosecution was directed to lead evidence. Petitioner's statement was recorded by the learned trial Judge on 16-06-2009 and 17-06-2009. After the statement of the Petitioner was recorded, an application was filed on 10-07-2009 before the learned trial Judge praying therein that in view of the fact that pardon has been tendered to the Petitioner and that he satisfied the terms and conditions of the pardon by making full and complete disclosure of the facts of the case in his statement, so he shall be ordered to be admitted to bail.

(3.) Objections were filed by the learned Public Prosecutor, same are reproduced hereunder: