Haryana Assembly on Tuesday passed the Code of Criminal Procedure (Haryana Amendment) Bill, 2022.
According to the statement of objects and reasons of the Bill, “The condition of mandatory detention of the approver in custody till conclusion of trail in section 306 (4) (b) of the Code of Criminal Procedure, 1973, is discriminatory and creates artificial classification between two types of persons willing to be approver–those who are already on bail and those who are not on bail”.
“This classification has no rationale or connection with the object sought to be achieved. It also interferes with/restricts the discretion of the Magistrate/Court granting tender of pardon, works as a deterrent to the accused persons who are otherwise willing to turn approver and causes disadvantage to the investigating agencies,” as per the Bill.
The Haryana Amendment bill now provides that every person who accepts a tender of pardon “may, in case he is already in custody, be detained in such custody for such period, as the Court may consider necessary for reasons to be recorded in writing, or be released on bail on such conditions as the Court may think fit for the purposes of this section”.
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