Directorate Of Enforcement vs Rajiv Saxena on 18 May, 2020

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Delhi High Court - Orders

Directorate Of Enforcement vs Rajiv Saxena on 18 May, 2020

Bench: C. Hari Shankar

$~6
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CRL.M.C. 1478/2020 & CRL.M.As.6492-93/2020

      DIRECTORATE OF ENFORCEMENT                      .... Petitioner

                         Through:      Mr. Zoheb Hossain, Advocate

                         versus

      RAJIV SAXENA                                   ..... Respondent

                         Through:      Mr. R.K.Handoo and Rajat
                                       Manchanda , Advs

      CORAM:
      HON'BLE MR. JUSTICE C. HARI SHANKAR

                         ORDER

% 18.05.2020 CRL.M.A.6492/2020

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

CRL.M.C. 1478/2020

1. This matter has been taken up for hearing by video conferencing, consequent to listing thereof having been allowed by the Registrar.

Crl. M.C. 1478/2020 Page 1 of 4

2. This petition, under Section 482 of Code of Criminal Procedure, 1973, assails an order, dated 12th March, 2020, passed by the learned Special Judge (PC Act) (CBI)-10, Rouse Avenue, rejecting the application of the petitioner for cancellation of the bail granted to the respondent.

3. A reading of the impugned order reveals that the learned trial court has rejected the petitioner's application essentially on the ground that the petitioner's application, for revocation of pardon which was extended to the respondent was rejected, and hence no ground for cancellation of bail was made out.

4. Para 18 of the judgment of the learned trial court, which contains, essentially, the grounds on which the application has been rejected, may be reproduced thus:

"18. From the perusal of Section 306 & 308 Cr.P.C and aforesaid judgment, it is clear that once the accused is granted pardon by the Court and is made approver, the status of the accused changes from accused to witness/approver. However, if the approver, fails to comply with the conditions of order granting him pardon, he makes him liable to be tried as accused subject to the conditions as laid down in Section 308 Cr.P.C. in the judgment "State vs. Jagjit Singh", it is observed that revocation of pardon can only be as per the procedure provided U/s 308 Cr.P.C which mandates that approver be examined in the Court before revoking the pardon. Vide an order dated 05.03.2020 the application filed by Enforcement Directorate for revoking tender of pardon to respondent Rajiv Saxena, was dismissed mainly on the ground that the respondent Rajiv Saxena has not been examined before the Trial court and the application filed by ED was premature. There is no dispute on the preposition that when the accused is tendered pardon and is made approver, his status changes from accused to witness. It is observed in the Crl. M.C. 1478/2020 Page 2 of 4 judgement "A. J. Peris v. State of Madras" that when the accused is tendered pardon and become prosecution witness, he is discharged form the case and he ceases to be an accused. Further failure of the accused to comply with the conditions on which the pardon is yet to enter into the witness box to dispose before this Court. The status of Rajiv Saxena, as on date, is of a witness and he ceased to be an accused. Therefore, there is no question of cancellation of bail of Rajiv Saxena."

5. Crl MC 1477/2020, whereby the Directorate of Enforcement has sought to assail the order, dated 12th March, 2020, of the learned Special Judge, dismissing the application, of the petitioner, for revocation of the pardon granted to the respondent, is also listed before me today. Notice stands issued thereon, and, a pure question of law being involved, the petitioner stands set down for final disposal on 3rd June, 2020.

6. Accordingly, issue notice, returnable on 3rd June, 2020, to be heard along with Crl.M.C. 1477/2020 for final disposal.

7. Mr. R.K. Handoo, learned counsel, accepts notice on behalf of the respondent.

8. Both sides are, however, at liberty to file brief note of submissions, setting out their rival contentions.

CRL.M.A. 6493/2020 (stay)

1. In view of the fact that the present petition is being set down for final disposal on 3rd June, 2020, no orders need be passed on this Crl. M.C. 1478/2020 Page 3 of 4 application for the present.

2. Renotify this application also on 3rd June, 2020.

C. HARI SHANKAR, J.

MAY 18, 2020 dsn Crl. M.C. 1478/2020 Page 4 of 4

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Delhi High Court - Orders