What is distinction between S 306 of CR.P.C and S 307 of CR.P.C?

  Learned Additional Sessions Judge relying upon a case of State of Maharashtra .v/s. Abu Salem Abdul Kayyum Ansari and Ors. (2010) 10 SCC 179 observed that in view of the application made by the

approver, not pressing her request to became an approver, she was

relegated to the position of an accused. In my view, the learned

Judge has not properly applied this decision to the facts of the case.

He has also not properly appreciated the provisions of Cr.P.C. The

scheme of the Chapter XXIV and particularly Sections 306 to 308

of the Cr.P.C. is relevant for this purpose. Section 306 provides for

tender of pardon to accomplice. Section 306 inter alia provides for tender of pardon by the Magistrate at any stage of the investigation or inquiry or the trial of the offence. Section 307 provides for the power of the Court to direct the tender of pardon after commitment of a case but before the judgment is passed in the case. The only difference between these two provisions is that when the pardon is tendered by the Magistrate under Section 306 Cr.P.C. the statement of the approver must necessarily be recorded by the Magistrate. In case of tender of pardon under Section 307 by the Court after commitment of a case such recording of statement is not necessary.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 472 OF 20 23

State of Maharashtra Vs  Madhuri Badrinarayan Gote,

CORAM : G. A. SANAP, J.

DATE : 11/08/2023.

Read full Judgment here: Click here

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