accused till after the trial, and that too when the Public Prosecutor certifies that he has by wilfully concealirig anything essential or by giving false evidence has not complied with the conditions on which the pardon was. “given. Rather even” at this stage he is entitled to show that he has in, fact complied with the conditions upon which the same was tendered. If he succeeds in doing; so that is the end of the matter. If, however, the court is satisfied with the certification by the Prosecutor in spite of the submission of the approver then his trial starts and he acquires the character of the accused. It is as such that in “sub-section (4) of Section 306 the word used qua him for the first time is “accused”. During the’ course of the trial of the main accused, his position remains that of a witness. Can such a person who is at this stage riot being formally accused of an offence be detained? The legislature has permitted this, as he is treated differently from the other, witnesses appearing in criminal trials. He was in fact, associated with the crime, arid would have been treated as, an accused in normal course, but for his volunteering to make a clean breast of himself and lay before the court the full and true facts involved in the crime as are known to him. He is, therefore, not unoften termed as accomplice witness. His detention therefore has been considered advisable, and the object discernable which has been taken note of in judicial decisions is that he should be kept away from susceptibilities and influences of his confederates from retracting what he has already volunteered to speak, and at the same time to protect him from their wrath in case he resists their pressures. However, in cases where his evidence has already been recorded and there is nothing to show that the prosecution at any stage sought to get him declared hostile, and the Prosecutor too has not even raised a semblance of the contention that there would be likelihood of his moving later under Section 308Cr. P.C., and further that in spite of his detention for a long time, there is little possibility