- (1.)This is a matter which causes great concern. The Petitioner initially an accused in a trial, has turned an approver after pardon was extended to him under section 306 CrPC. It is admitted that his evidence is over and similarly many other witnesses have also been examined. The trial is lingering for the last about 12 years.
(2.)The Petitioner has sent an application from jail which had been treated as a habeas corpus petition. Thereafter two other petitions were also filed and the present one is the last one in the series of habeas corpus petitions on behalf of the Petitioner. The claim is that even when all the accused in the said trial have been released on bail, the Petitioner is still languishing in jail for no fault of his and the trial is being protracted with ulterior motive. It has been prayed that if the Petitioner cannot be set at liberty he may be released on bail.
(3.)Sri Surendra Nath Singh, learned Governent Advocate has argued that the petition must fall, for it is not possible to grant bail to the Petitioner.