DAVE, J.—We are called upon to answer a question referred to us by the Division Bench of this Court by its order dated December 5,1985, as to whether an approver can be detained for indefinite period even when principal accused in the case has been released on bail.

2. Petitioner had filed an application under Sec. 439, Code of Criminal Procedure, before the Single Bench of this Court and on August 28, 1985, interim bail was granted to him under Section 482 Cr.P.C , since the petitioners only brother had expired there was none in the family to perform the rituals. The Court while granting bail under section 482 Cr.P.C. said in the order that application under Section 439 Cr.P.C, does not lie in a case where provisions of section 306 (4) (b) Cr.P.C. are attracted. However, jurisdiction could be invoked under Section 482 Cr.P.C. Accused was directed to surrender on October 28, 1985. On this day the application was pressed on merits and Honble Mehta J. in his order dated October 28, 1985, while again granting interim bail referred the case to a Division Bench as there were two views of this Court; one in the case of Ayodhya Singh vs. State of Rajasthan (1) and another in Dev Kishan v.

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