Showing : 11-20 of 47 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 306-- Corruption case - Grant of pardon to accused - Application for - CBI filed application before Special Judge for grant of pardon to second respondent - Special Judge referred application to Magistrate to deal with same since case was under investigation - Held, no error in Special Judge directing..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), 7, 13(2), Criminal Procedure Code, 1973, Section 306, 460-- Corruption case - Grant of pardon to accused - Held, both Magistrate as well as Special Judge has concurrent jurisdiction in granting pardon u/s 306 Cr.P.C. while investigation is going on - But, where Magistrate has exercised his jurisdiction u/s 306 Cr.P.C., even after appointment of Special..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 306-- Grant of pardon to an accused - Object of - Held, power to grant pardon enjoined u/s 306 Cr.P.C. is a substantial power and reasons for tendering pardon must be recorded - It is for prosecution to ask that a particular accused out of several may be granted pardon if it thinks that it is necessary..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 306, Evidence Act, 1872, Section 133, 114- - Grant of pardon - Evidence of accomplice - Held, when pardon is tendered to an accomplice u/s 306 Cr.P.C. accomplice is removed from category of co-accused and put into category of witness and evidence of such a witness as an accomplice can be the basis of conviction as provided in S.133 of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 306, 460(g)-- Illegal gratification - Grant of pardon - Power of Magistrate - Magistrate tendered pardon to respondents No.3, 4 - Challenge thereto - There is no specific averment in petition raising grievance against procedural illegality committed by Magistrate while granting pardon - Grievance has been..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 5(2), 26, Criminal Procedure Code, 1973, Section 306, 307, 308-- Corruption case - Trial of case by Special Judge - Special Judge has power to grant pardon at any stage of the case - There is no stipulation in the provision that power can be exercised by Special Judge only at the stage of trial...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 306, 307-- Accomplice - Pardon - Once an accused is granted pardon he ceases to be an accused and becomes witness for the prosecution...........
JHARKHAND HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 306-- Tender of pardon to approver - Petitioner included as accomplice in challan presented u/s 173 Cr.P.C. - Petitioner requested to grant pardon as he voluntarily agreed to turn approver - Request of petitioner supported by C.B.I - Held, request made by petitioner needs conscious consideration -..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 306, 479, Prevention of Corruption Act, 1988, Section 5(2)-- Recording of evidence of a person as per S.5(2) of the act and tendering pardon - Held, a judicial function performed by a Judicial Officer cannot lead to presumption that he was personally interested in the trial or has become a party to the case to attract provision of S.479 Cr.P.C. - No..........
KERALA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 306, 307, 482-- Grant of bail to pardoned accomplice - Pardon granted to petitioner u/s 307 Cr.P.C by special Court - Held bar of S.306 (4) will not apply which provides that unless he is already on bail accomplice shall be detained in custody until termination of trial - High Court can grant bail in exercise of..........

Showing : 11-20 of 47 Results