An approver who has complied with all conditions of pardon and deposed as a witness in the prosecution’s favor need not remain incarcerated till the end of the trial and would be entitled to bail,.
The Supreme Court has held that when the Special Court chooses to take cognizance directly under Section 5(2) of the Prevention of Corruption Act, the question of Approver being examined as a witness.
The Court said that it is always advisable for a Special Court to consider an application for grant of pardon by itself if cognisance is taken directly.