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 of the liberty as guaranteed, his being at large will definitely be to the discomfort and disadvantage of others, therefore, curtail#31;ment in such a case becomes imperative. Release or grant of bail has to be governed peculiar facts of each case.

4. Now coming to the circumstances which have prompted the petitioner to seek bail. Major Parera, one of the accused, has sought quashment of FIR No. 173 and the order which the committal Magistrate had passed on 11.12.2003. Rest of the accused also filed Criminal Revision. No. 48, bail application No:48/2004 and Petition U/S 561-A No. 36/2004 in this Court. All the said petitions were disposed of by order dated 25.5.2007, in terms whereof, Mohammad Yasin Sofi and Irshad Ahmad Sofi were admitted to interim bail whereas Mohammad Sultan Mir (peti#31;tioner) and Abdul Rashid Sofi were refused bail. The petition of Major Parera under Section 561-A Cr. P. C was dismissed.

5. The trial court initiated process to secure presence of Major Parera, who has questioned the order/proceedings before the Hon'ble Supreme Court. An interim order on 11.7.2007 has been passed by the Hon'ble Apex Court which reads as under:

"Taken on board.

Delay condoned.

Issue notice.

Meanwhile, operation ot the impugned order as well as execution of

non-bailable warrant is stayed."

6. Accused Abdul Rashid Soft thereafter had filed bail application but same was not allowed in view of pendency of petition before the Hon'ble Supreme Court. However, in the meantime, when the matter came up before the Hon'ble Apex Court on 23.1.2009, following direction was passed:

"Heard learned counsel for the parties.

We clarify that the interim order dated 11th October, 2007 will not come in the way of consideration of bail applications of the other accused. The trial Court shall now proceed with the bail applications of the other accused and decide the same on their own merits in accordance with law".

7. Consequently application of accused Abdul Rashid Soft was considered by this Court while disposing of Criminal Revision No. 19/2009 and detailed order has been passed on 28.7.2009 wherein all the facts and circumstances of the case have been noticed. Then based on the above referred order, the bail application of said Abdul Rashid Sofi was considered and it was recorded:

"Keeping in view facts of the case, the time which the trial of the case may take, after the conclusion of the proceedings before the Hon'ble Supreme Court of India, 1 do not see any justification to keep the petitioner in custody at least, until his trial actually commences." Finally it has been concluded as under:-

"Accordingly, treating this petition as bail application, the petitioner is admitted to interim-bail until the commencement of his trial, on his fur#31;nishing personal Re-cognizance and Re

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