As an approver, Vaze required to be in custody till trial ends: Court

The court is scheduled to conduct the hearing on Thursday with Vaze as witness.

Bhavna UchilUpdated: Thursday, June 23, 2022, 08:05 PM IST
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As an approver, Vaze required to be in custody till trial ends: Court | PTI

A special court has said while denying bail to dismissed policeman Sachin Vaze who was tendered pardon by the court and permitted to be made a prosecution witness against NCP leader Anil Deshmukh and others in a corruption case, that as an approver he has to be detained in custody till completion of the trial.

Vaze had claimed bail on the grounds that he had been tendered pardon and a charge sheet was not filed against him within the stipulated time hence he is entitled to bail.

The court stated in its order that it is not possible to entertain the contention that once tendered pardon, the person ceases to be an accused and hence is entitled to be released on default bail. Special Judge SH Gwalani also relied on apex court judgments. The order stated that a person who turns approver and who is granted pardon subjects himself to certain conditions and it is stipulated by a provision of the CrPC that unless the person who is tendered pardon is on bail, he shall be detained in custody till the termination of the trial. It said further that the intention behind the provision is not to punish him for having agreed to give evidence for the state but to protect him from the wrath of the co- accused since he has chosen to expose their deeds and has thrown himself open to attack by the co-accused.

Vaze had been taken into custody for interrogation in the case along with Deshmukh and his personal secretary Sanjeev Palande and personal assistant Kundan Shinde. However, as the 60-day stipulated period for the CBI to file the charge sheet neared, he had moved the court to be made a prosecution witness in the case and offered to depose against Deshmukh and others. The CBI had consented to offer and the court had permitted him to turn an approver in the case. The following day, in the chargesheet the CBI filed, it had omitted his name as an accused. Soon, Vaze had made the present plea seeking bail on the grounds that the chargesheet was not filed against him. The CBI had opposed the plea and said in its response to the court that his name was not included among the accused as it would be examining him as a witness as he had turned an approver, but that by no stretch of imagination he is entitled for bail.

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