N.M. KASL1WAL, J.—This is an application for releasing from the custody by one Lallu alias Prem, who has been granted pardon as an approver in a case under sec. 302 IPC pending in the court of Additional Sessions Judge No. 2, Jaipur City. After the statement of the petitioner was finally recorded during the trial on 2nd September, 1978, he moved an application that he had complied with all the conditions of pardon and his statement has also been recorded during the course of inquiry before the Magistrate and also during the trial before the learned Additional Sessions Judge and there remains nothing to be done by him, he should be released on bail inasmuch as only 18 witnesses of the prosecution have been examined during the last three years, and, 54 prosecution witnesses have yet to be examined which may take a very long time, and, specially when all the three accused persons have been released on bail, there was no justification for keeping him in custody any longer and an order should be given to release him forthwith. A prayer in this regard was made by the petitioner but the learned trial Court by its order dated 20th October, 1978, dismissed the same, as such the petitioner h

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