Prolonged detention of an approver without trial violates the fundamental right to speedy trial under Article 21, applicable to foreign nationals.

ORDER :

ANOOP KUMAR DHAND, J.

1. By way of filing this criminal misc. petition, a prayer has been made for releasing the petitioner on bail in connection with the FIR No.319/2024 registered with Police Station Jawahar Circle, District Jaipur City (East) under Sections 419 , 420, 471 & 120-B IPC .

2. Learned counsel for the petitioners submits that an FIR was registered against certain accused persons with regard to illegal kidney transplantation and human trafficking wherein petitioners along-with co-accused persons were arrested on 23.04.2024. Learned counsel submits that the petitioners became approver and on the basis of their police statement, the other co-accused persons were arrested. Learned counsel submits that now all the co-accused persons, against whom charge-sheet has been submitted, have been granted benefit of regular bail under Section 439 Cr.P.C., but the petitioners have not been released on bail as they have become approver. Learned counsel submits that inspite of submission of charge-sheet against the petitioners and co- accused persons, till date the charges have not been framed and statement of the petitioners as well as other witnesses have not been recorded because of the submission of several applications by the principal accused with intention to delay the conclusion of trial and in the meantime, more than one and half year has passed and still the petitioners are in custody. Learned counsel submits that the petitioners are foreign nationals and resident of Bangladesh, but their right of speedy trial and personal liberty, contained under Article 21 of the Constitution of India, has been grossly violated, hence, interference of this Court is warranted and the petitioners are liable to be released on bail, till conclusion of the trial.

3. Per contra, learned GA-cum-AAG opposes the prayer and submits that the FIR was registered with the Police Station Jawahar Circle, Jaipur City (East), wherein a fact came into notice of the Police that a racket is involved in illegal kidney transplantation and the patients and the donors were not in blood relationship or near relatives, but making forged documents, the foreign nationals came from Bangladesh to Jaipur and get the benefit of kidney transplantation. Learned counsel submits that a thorough investigation was conducted and thereafter the petitioners along-with other co-accused persons were arrested & during the course of investigation, the petitioners became approver. Learned counsel submits that as per the provisions contained under Section 306 (4) Cr.P.C., the approver is required to be detained in jail and should not be released on bail, unless and until their statements are recorded or the trial is completed. Learned counsel submits that reasons for incorporating this provision is if in case, after release of such person, he becomes hostile then it would be difficult to apprehend him again because he is liable to be prosecuted under Section 307 Cr.P.C. Learned counsel submits that the issue involved in this petition has already been set at rest by the Larger Bench of this Court in the case of Noor Taki alias Mammu Vs. The State of Rajasthan while deciding reference arising out of Criminal Misc. Bail Application No.1687/1985. Hence, under these circumstances, the petitioners are not entitled to get the benefit of bail, as per the rider contained under (4) Cr.P.C. and the instant misc. petition is liable to be rejected.

4. At this stage, learned counsel for the parties apprised this Court that till date charges have not been framed against any of the a