1. Case registered as FIR No. 173/1997, P/S Ganderbal, culminated in present#31;ing the charge sheet (challan) to the effect that the petitioner along with other accused, during investigation, are established to have committed offences punish#31;able under Section 302,364,120-B and 201 RFC.

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. Guarantee to liberty cannot be conceptualized to be such which will offend or shock the conscience of the society. A person who claims protection to his liberty, as guaranteed under Article 21 of the Constitution, is supposed to respect such guarantee by acting in a manner which may not attract the applicability of reason#31;able restriction. A person who commits a horrifying murder or whose being at large shall be a persistent threat to the mankind or persistent threat to the system as a whole, he cannot claim protection o

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