GULAM AHMAD Vs. STATE

JUDGEMENT

(1.) Heard. This application has been filed for bail in terms of S.498, Cr. P.C. by the father of Ghulam Ahmad Lone who was one of the accused persons in a murder case and had turned approver, when his statement was recorded by the trial court (learned Sessions Judge, Baramulla) he appears to have turned hostile, and allegedly, failed to comply with the conditions on which the tender was made to him. The concerned Public Prosecutor also appears to have given the requisite certificate that the approver has not complied with the conditions on which tender was made to him.

(2.) An application appears to have been made for bail on behalf of the approver before the learned trial court which has been rejected vide its order dated 22-11-1985. In that very order, the trial court had granted liberty to the prosecution to proceed against the approver for the offence in respect of which the pardon was tendered to him. The prosecution was also given liberty to obtain the requisite sanction from the High Court for prosecuting him for giving of false evidence.

(3.) From the perusal of record, it transpires, that the prosecution has slept over the matter after obtaining the order from the trial court on 22-11-1985. It has neither taken any steps to proceed against the approver for the offence in respect of which the pardon was tendered to him nor for prosecuting him for perjury. In the latter case, it was required to make a proper motion before the High Court for getting sanction for his prosecution.