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Showing posts with label S 306 of CRPC. Show all posts
Showing posts with label S 306 of CRPC. Show all posts
Sunday, 8 June 2025

Supreme Court: Whether identification of specimen signature of accused by handwriting expert was hearsay and whether he can prove said signature?

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  But what was contained in Exhibit P-75 was never admitted by A- 7 to be in his handwriting. Exhibit P-75 was marked through PW-30, the han...

Supreme court: What are essential pre-requisite for comparing the admitted signatures/ handwritings with the disputed ones U/S 73 of the Evidence Act?

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   The High Court fortunately realised the pitfall in the reasoning of the Trial Court. But in an over-anxiety to somehow convict A-7, the H...

Supreme court: When the Special Court chooses to take cognizance, the question of the approver being examined as a witness in the Court of the Magistrate as required by Section 306 (4)(a) does not arise

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  But in cases where a Special Court itself is competent to take cognizance and also empowered to grant pardon, the procedure Under Section ...
Sunday, 3 September 2023

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

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  Learned Additional Sessions Judge relying upon a case of State of Maharashtra .v/s. Abu Salem Abdul Kayyum Ansari and Ors. (2010) 10 SCC 1...

Whether accused can request to cross-examine approver after pardon granted to him is recalled?

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 Learned Judge however, on the basis of decision in the case of Abu Salem (supra) held that the choice is with the approver, whether to cont...

Whether accused can withdraw her application to become approver after Pardon Is Granted to her?

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 In view of the facts, circumstances and the provisions of  law, the only point that falls for consideration is as to whether the  approver ...
Tuesday, 18 July 2023

Whether Magistrate should examine approver if special court has directly taken cognizance of an offence under the Special Act?

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  But in cases where a Special Court itself is competent to take cognizance and also empowered to grant pardon, the procedure Under Section ...
Wednesday, 10 June 2020

Whether court should revoke pardon granted to approver on the ground that he is not co-operating during investigation?

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The Certificate, of the Public Prosecutor, in the present case, does not allege that, before the Court, the respondent concealed any...
Sunday, 24 February 2019

Whether accused can be cited as witness without following procedure of S 306 of CRPC?

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The submission made on behalf of the Appellants that the prosecution was entitled to cite the three original Accused as witnesses, in the ...
Sunday, 4 December 2016

Whether accused can be permitted to cross examine approver at pre-committal stage?

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The examination which is contemplated under Section 306(4) of the Code, cannot be equated with the 'examination' of a witness unde...
Saturday, 27 August 2016

When court should not reject application of accused for grant of pardon U/S 306 of CRPC?

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In the matter of Suresh Chandra Bahri v. State of Bihar with Gurbachan Singh v. State of Bihar and Rajpal Sharma v. State of Bihar (su...
Thursday, 21 July 2016

When magistrate is empowered to tender pardon to accused in offence triable by session court ?

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Sub-section (1) of Section 306 of the Code very categorically and unambiguously mentions Metropolitan Magistrate as one of the Judicial O...
Sunday, 5 January 2014

Whether extent of culpability of accomplice in an offence is material for Granting him pardon?

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The first question that we have to decide is whether the High Court is right in coming to the conclusion that for being an approver wit...