KAILASH NATH TAHALNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a petition u/Sec. 482. Cr. P.C. by an accused turned approver in Sessions Case No. 143 of 1996. State of Rajasthan v. Manu Ors., u/Secs. 201, 302 nw 120B and 147, IPC pending trial before the learned Sessions Judge, Ajmer. The petitioner had prayed for his release on bail on the ground that since he had already been examined as witness at the trial of the case by the learned Sessions Judge and had made full and true disclosure of the whole of circumstances within his knowledge relative to the offence and to every other person concerned whether as principal or abettor in the commission thereof in terms of the acceptance of the tender of pardon by him and thus he had complied with the conditions upon which such tender was made and his plea had been accordingly recorded and the trial court had proceeded with the trial of the case, he should be released on bail pending the passing of the judgment in the case the learned trial Judge did not accept his prayer and dismissed his application No. 604/97 vide his order dated 37 -1997. Hence this petition.

(2.) The relevant facts sufficient to dispose of the present petition, are that in connection with the murder of Nathu Kahar deceased FIR No.1 01 of 1996 u/Secs. 147, 302, 201, 120B read with Section 149, IPC was registered on 6-6-1996 at Police Station Pushkar. Distt. Ajmer. In the course of the investigation of the case six persons including the present petitioner were arrested as accused. The Station House Officer. Police Station Pushkar, made an application to the Additional Chief Judicial Magistrate, Ajmer requesting that pardon under Section 306, Cr. P.C. be, granted to the petitioner as he was willing and ready to make the full and true disclosure of the whole of the circumstances within his knowledge relating to the murder of Nathu Kahar and to every person including himself concerned in the commission of the said offence. The learned Magistrate examined the petitioner u/Sec. 164. Cr. P.C. on 1-10-1996 and committed the case for trial to the learned Sessions Judge. The learned Sessions Judge recorded the plea of the petitioner on 16-6-1997 wherein the petitioner is stated to have pleaded that he had complied with the conditions on which tender of pardon was made to him and proceeded with the trial of the case. The trial has yet not been completed.

(3.) Mr. Surender Vyas the learned counsel for the petitioner; urged that the petitioner was behind the bars since 27-8-1996 and since he has already been examined, as PW 1 in the case, on 16-6-1997, and has complied with all the conditions upon which he was granted pardon and was no more required to be kept in prison and the trial of the case is likely to take time the petitioner be released on bail u/Sec. 439. Cr. P.C. Mr. Vyas has relied upon the decisions of this Court in the cases of Fariyad v. State and Nur Taki v. State of Raj. and Delhi High Court Full Bench decision in Prem Chand v. State in support of his arguments. The learned Public Prosecutor has opposed the prayer of the petitioner on the ground of pendency of the case in the trial court. He has not disputed the principles laid down in the cases relied upon by Mr. Vyas.