Law: Criminal Procedure Code (V of 1898)

Section: 498, 337

Criminal Procedure Code (V of 1898), ---S. 498 read with S. 337(3)-Approver-Bail-Approver fulfilling conditions of pardon giving full and accurate .statement in support of prosecution case in presence of accused-Accused however absconding later on during continuance of trial leaving trial inconclusive-Contention that trial should be treated as having terminated because of accused's abscon sion-Held : S. 337(3), Cr. P. C. bars approver's admission to bail till termination of trial and unless enquiry ends by an order of discharge or, in case of commitment .proceeding, concluded in one of modes provided in Criminal Procedure Code-Trial, held, cannot be said to have terminated in terms of S. 337(3), Criminal Procedure Code, 1898-Bail declined in circumstance. Bashir Ahmad v. The State 1968 P Cr. L J 1367 and Abdul Sattar v. The State Criminal Miscellaneous No. 3692 of 1956 not fol. Wazir and others v. The State P L D 1960 Kar. 674 ; Abdul Sattar v. The State P L D 1966 Lah. 549 and Rehmat Masih v. The State P L D 1968 Lah. 1030 rel. Date of hearing: 26th September 1969.   JUDGMENT This is an application for bail by an approver under section 498 read with section 561-A, Cr. P. C. 2. The facts are that one Abdul Sattar was being proceeded against before a committing Magistrate in a murder case, when he absconded sometime in 1968 the petitioner is an approver in that case. He had, b then, been examined as a witness in presence of the accused before the learned Magistrate. Some effort was made in respect of the arrest of the absconder but with no success. The learned Magistrate, then by a letter, dated 17th May 1969 (Annex. `G'), sought advice from, the District Magis trate with regard to the custody of the approver. It is stated therein that the approver had "given lull and accurate statement in support of the prosecution case in the presence of the accused" and that so far as that Court was concerned, he had fully fulfilled the conditions of the pardon granted to him. Earlier on 30th April 1969, the file of the case was consigned to tire Record Room on the only ground that the warrant issued for the arrest of the absconder had been returned…