Law: Criminal Procedure Code (V of 1898)

Section: 561-A, 337 (3), 497, 498

(a) Criminal Procedure Code (V of 1898)  Ss. 337 & 561-A-Approver-Bail-Approver's detention in custody till termination of trial-Such strict principle not laid down by S. 337-Continued detention of approver may for variety of reasons be sometimes unjustified or even harsh-Bar under Ss. 337(3), Cr. P. C. Not absolute-Bail may be granted to approver under S. 561-A, Cr. P. C. in case of hardship bordering on injustice-[ Mohamed Abdul Majid v. Emperor A I R 1927 Sind 173 dissented from]. Section 337, Cr. P. C. does not lay down a strict principle of an approver being detained in custody until the termination of the trial. There may be numerous cases where for a variety of reasons the continued detention of an approver may appear to be unjustified and even harsh. To quote an instance the case where an accused person absconds and the trial for such reason is held over, is it in furtherance of the interests of justice or even law to keep an approver indefinitely in custody? There may be a case where on account of serious sickness of the approver himself, there might be an imminent danger to his life ; and even in such a case, could it be said that the continuation of the approver's custody advances the course of justice. Various other instances could be visualised. The bar under section 337(3), Cr. P. C. cannot be considered to be absolute. Bail could be granted to an approver under section 561-A, Cr. P. C. in case of hardship of a nature as might border on injustice. Mohamed Abdul Majid v. Emperor A I R 1927 Sind 173 dissented from. Muhammad Ramzan v. The State 1971 P Cr. L J 1151 ; A. L. Mehra v. The State A I R 1958 ~6: 72 ; Criminal Bail Application No. 965 of 1973 ; The State v. Bashir Ahmad 1973 P Cr. L J 593 and Ahrar Muhammad and others v. The State P L D 1974 S C 224 fol. Rahmat Masih v. The State P L D 1968 Lah. 1030 ; Nazir Ahmad v. State 1970 P Cr. L J 865 and Abdul Sattar v. State P L D 1966 Lah. 549 ref. (b) Criminal Procedure Code (V of 1898) Ss. 337 (3), 497, 498 & 561-A-Approver-Bail-Provisions of Ss. 497 & 498-Cannot be pressed into service for grant of bail to approver-Powers of Court under S. 561-A-Neither alternative nor…