LI Network
Published on: 24 April 2023 at 17:11 IST
Jammu & Kashmir High Court has ruled that Section 306 of the Criminal Procedure Code (CrPC) does not prevent the High Court from using its powers under Section 482 to grant bail to an approver.
The High Court of Jammu and Kashmir and Ladakh has restated that while bail cannot be granted to an approver in custody under Section 306(4)(b) of the Criminal Procedure Code (CrPC), the High Court may release the approver on bail using its inherent powers under Section 482 of the CrPC in suitable cases.
Justice Mohan Lal made these remarks while hearing a plea seeking to quash Section 306(4)(b) of the CrPC for imposing limits on the trial court’s authority to grant bail to an approver.
The petitioner claimed that he had been made an approver in a pending trial, and that he had already testified accurately and truthfully as a prosecution witness before the trial court, entitling him to bail.
The petitioner further argued that refusing bail would cause a serious miscarriage of justice, infringe on constitutional rights, and discourage others from becoming approvers or witnesses, which would damage the interests of the prosecution.