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Showing posts with label pardon. Show all posts
Showing posts with label pardon. Show all posts
Sunday, 24 May 2026

From Accused to Approver: How to Weigh Turncoat Testimony after State of Tamil Nadu v. Ponnusamy & Ors.

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The Supreme Court’s treatment of PW12 (the approver) in State of Tamil Nadu v. Ponnusamy & Ors .  dated    May 19, 2026, citation:  2026...
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 ...
Sunday, 14 June 2020

Whether court can grant pardon to accused on his request?

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Before the Special Judge acts to tender pardon, he must, of course, know the nature of the evidence the person seeking conditional pardon ...
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...
Monday, 4 May 2020

Important Notes on Criminal Procedure Code

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1)Notes on appeal to session court https://www.lawweb.in/2018/05/notes-on-appeal-to-session-court.html 2)Notes on tender of pardon to...
Tuesday, 10 September 2019

Important provisions of Electricity Act, 2003.

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135. Theft of electricity 136. Theft of electric lines and materials 137. Punishment for receiving stolen property . 138. Interference...
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, 27 May 2018

Notes on tender of pardon to accomplice

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S 306 of CRPC:- Tender of pardon to accomplice:- 1) With a view to obtain the evidence of any person who is supposed to have been dire...
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...
Sunday, 21 August 2016

Whether CJM can tender pardon to accused after commitment of case to session court?

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In view of the rival submissions, the first question that arises for consideration is whether the approver's evidence can at all be re...
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...
Tuesday, 8 April 2014

Whether Magistrate can grant pardon to accomplice during investigation?

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Bangaru Laxman (supra), therefore, emphasizes the concurrent jurisdiction of the Special Judge as well as the Chief Judicial Magistrate...
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...
Sunday, 11 March 2012

Whether special Judge has power to grant pardon to accomplice under prevention of Corruption Act?

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Special Judge has power to grant pardon to accomplice under prevention of corruption act at any stage of proceeding. As per sec. 306 of C...