Approver Who Has Testified Can Get Bail Under Inherent Powers After Two Years in Custody: Rajasthan High Court

FIR No. 319/2024 at Jawahar Circle police station, Jaipur, under Sections 419, 420, 471 and 120B IPC concerned an alleged illegal kidney-transplantation and human-trafficking racket (paras 1-2). The petitioners, Bangladeshi nationals who had come on medical visas, were arrested on 23.04.2024 and became approvers; the principal accused were later granted regular bail (paras 2, 6, 15). In November 2025 the Court directed the trial court to record their evidence (paras 2, 6). They were examined as PW-1 and PW-2 and renewed their plea (para 24). The State argued that Section 306(4) required custody until the trial ended and that, with their visas expired, they might not return (paras 3, 7, 15).

The Court rejected the State's objection: once their statements were recorded, the approvers could not be kept in custody until the end of trial in a position worse than the principal accused, who were on bail (para 8). The three-Judge Bench in Noor Taki held that, although Section 306(4)(b) requires an approver to be detained, the High Court may in exceptional cases release under Section 482 CrPC an approver who has been examined and has kept the conditions of pardon, when no early end of the trial is in sight (paras 9-12). Article 21, including the right to a speedy trial and to life with dignity, protects foreign nationals too (paras 25-29). The petitioners had been examined, had complied with the pardon, had spent over 24 months in custody, and dozens of witnesses remained (para 31). On departure, the Immigration and Foreigners Order, 2025 leaves permission to the Immigration Officer; following Frank Vitus, the bail order must be communicated to that officer (paras 19-22, 32-33).