MOHAMMAD SULTAN MIR Vs. STATE OF J&K

JUDGEMENT

(1.) CASE registered as FIR No.173/1997, P/S Ganderbal, culminated in presenting the charge sheet (challan) to the effect that the petitioner along with other accused, during investigation, are established to have committed offences punishable under Section 302, 364, 120-B and 201 RPC.

(2.) IT is during the investigation petitioner Mohammad Sultan has turned approver and made a statement under Section 164 Cr. P. C before the Magistrate divulging that Major Parera of 3rd Kumaon Rifles and Abdul Rashid Sofi were involved in the murder of deceased Ghulam Nabi Malik. Therefore, in view of Section 337(3) Cr. P. C petitioner is in custody so seeks release on bail.

(3.) THE trial court initiated process to secure presence of Major Parera, who has questioned the order/proceedings before the Honble Supreme Court. An interim order on 11.7.2007 has been passed by the Honble Apex Court which reads as under: