FARIYAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Section 482 read with Section 439 Cr. P. C. praying that Fariyad who is an approver and whose statement has been recorded by the trial Court be ordered to be released.

(2.) THE brief facts of this case are, that a case was registered against one Sharif and the petitioner Fariyad for the offence under section 302 I. P. C. for murdering Jamal Khan. During the investigation, the petitioner Fariyad was made an approver by the police, and he was arrested accordingly. After investigation, a challan was submitted and the petitioner was examined as an approver in the case. Since the other witnesses are to be examined and for that a report of the Forensic Laboratory was called for along with the gun, which was used as a weapon of the offence, the gun and the report could not be received from the Laboratory, and hence the statements of other witnesses were not recorded. THE statement of Fariyad approver has been recorded, he has been but detained in the Jail because the trial of the case has not yet concluded.

(3.) IN the present case, Fariyad approver is in Jail since 7-5-82. His statement has been recorded and completed on 26-5-83. It has been argued that he has fully supported the case of the prosecution. Because, the other witnesses are yet to be examined, and the delay is on account of non-receipt of the material exhibit from the Forensic Laboratory, and unless the gun is before the Court, the other witnesses cannot be examined. It means that the petitioner approver will continue to be detained in Jail for an indefinite period. This is not the intention of the Legislature. His statement has been completed and he is not required by the prosecution any more. As such, it is not justified to detain him in Jail indefinitely. Though the provisions of Section 439, Cr. P. C. do not apply in such cases, but this court has certainly inherent powers under Section 482, Cr. P. C. to order the release of the approver in the circumstances referred to above.