Law: Criminal Procedure Code (V of 1898)

Section: 337(3), 561-A

Criminal Procedure Code (V of 1898) Ss. 337(3) & 561-A-Approver-Bail-Approver in custody for last 3 years and his statement in terms of agreement recorded-Co- accused already released on bail-Prolonging of trial by trial Court an abuse of process of Court-Approver released on bail in circum stances of case.-[Approver-Bail]. Date of institution: 9th December, 1980.                                                                                                                     ORDER This application to this Court is filed by Manzoor Hussain, applicant under section 561-A, Cr. P. C. The applicant was a co-accused in a case of murder. The other accused were challaned in the District Criminal Court to stand their trial under section 5 of the Island Tazeerati Act read with sections 201, 302/34, Penal Code but the applicant escaped his trial for his becoming an approver in the said case so as to give his evidence from the prosecution side. To have had the position as approver he entered into an agreement with the District Magistrate and pardon was tendered to him under section 337 Cr.P.C. he as an approver gave this evidence in terms of the agreement under which he was granted pardon after a pardon was granted to him by the district magistrate he was kept in custody under section 337 (3) Cr.P.C. He was arrested by the police on 20th January 1978 and his associates accused of the aforesaid offences were also arrested by the police on 15th January 1978, 26thJanuary 1978 and 9th February 1978 respecitvely. It was on 15thJune, 1979 that the accused who were sent up for trial before the District Criminal Court were let off on bail by that Court in view of an amendment in the Criminal procedure Code relating to the matter of bail as they could not legally be detained beyond on period of two years from the date of their detention if the trial of the case could not be concluded within…