G.K. SHARMA, J.—This is an application under Section 482 read with Section 439 Cr.P.C. praying that Fariyad who is an approver and whose statement has been recorded by the trial Court be ordered to be released.

2. The brief facts of this case are, that a case was registered against one Sharif and the petitioner Fariyad for the offence under section 302 I. P. C. for murdering Jamal Khan. During the investigation, the petitioner Fariyad was made an approver by the police, and he was arrested accordingly. After investigation, a challan was submitted and the petitioner was examined as an approver in the case. Since the other witnesses are to be examined and for that a report of the Forensic Laboratory was called for along with the gun, which was used as a weapon of the offence, the gun and the report could not be received from the Laboratory, and hence the statements of other witnesses were not recorded. The statement of Fariyad approver has been recorded, he has been but detained in the Jail because the trial of the case has not yet concluded.

3. The learned counsel for the petitioner has argued that though Section 439. Cr.P.C: does not apply in this case, but this Court has inherent po

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