DEV KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this application, purporting to have filed under Section 439 of the Criminal P. C. the petitioner Dev Kishan seeks his enlargement on bail.

(2.) THE facts sainted at the bar are that a Criminal Case No. 37 of 1982 State v. Bherusingh for offences under Sections 395, 342. 307 and 120b, I. P. C. is pending trial in the court of learned Addl. Sessions Judge, Rajsamand. The petitioner accepted a tender of pardon and became an approver. He was examined as a witness in the trial court on 12. 10. 1982. He now prays that he may toe released on bail. It was pointed out by the learned Public Prosecutor that during trial, the petitioner turned hostile and failed to make a compliance of the conditions on which, the tender of pardon was made to him.

(3.) LEARNED Counsel for the petitioner contends that the accused-persons facing trial, have been released on bail. The trial is to take long time. The applicant was arrested on May 27, 1982 and since then, he is in custody. It would be. therefore, unjust and improper to detain him. in custody any more. The submission made by the learned Public Prosecutor is that the applicant cannot be released and is to remain in detention till the termination of the trial in view of the provisions of Section 306 (4) (b) of the Criminal P. C.