G.L. Gupta, J. - (1.) On the written application filed by the learned counsel for the petitioner, the hail application is treated as petition under section 482 Cr.P.C.
(2.) Mr. Garg, pointing out that the petitioner was arrested in connection with C.R. No. 206/98 has turned approver and his statement has been recorded in the trial Court. contends that his further detention is without any purpose and he should be released on hail. He contended that the unwanted long detention of the petitioner would violate fundamental right of the petitioner to personal liberty guaranteed u/Art. 21 of the Constitution of India. He cites the cases of Noor Taki v. State of Raj., 1986 RLR 195 and Kailash Nath v. State of Rajasthan, 1998 (1) RCD 75 (Raj. ).
(3.) The learned Public Prosecutor opposes the application. His contention is that Section 306(4) Cr.P.C. mandates that a person accepting tender of pardon shall be kept in detention until the termination of the trial.;