LALIT KUMAR Vs. STATE OF UNION TERRITORY,CHANDIGARH

JUDGEMENT

(1.) Lalit Kumar, the petitioner seeks bail under the provisions of section 482 Cr.P.C. in a case registered by way of FIR No. 02 dated 01.10.2011 at Police Station Vigilance(UT), Chandigarh, for an offence punishable under sections420, 467, 468, 471 and 120-B IPC.

(2.) Learned counsel for the petitioner has submitted that the petitioner in the aforesaid case has been made approver vide order dated 11.04.2012 passed by learned Chief Judicial Magistrate, Chandigarh. He has further contended that though the approver is not entitled to bail till the trial is over under the provisions of section 306(4)(b) Cr.P.C. yet in the case in hand, all the accused are on bail and the petitioner has already appeared as a witness against the accused and has supported the prosecution case. He has placed on record certified copy of his statement recorded by learned Chief Judicial Magistrate, Chandgiarh on 11.03.2013. He has placed reliance on a Full Bench decision of Rajasthan High Court in Noor Taki alias Mammu v. State of Rajasthan, 1986 CrLJ 1488 where it has been laid down that in exceptional cases an approver can be released on bail though the trial has not terminated.

(3.) Learned standing counsel for the UT, Chandigarh has admitted that all the accused in the case are on bail and the petitioner has already appeared as a witness and has supported the case of the prosecution. He has no objection if bail is granted to the petitioner.