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3. The applicant is the accused no. 3. The applicant came to be arrested on 01/12/2018. There are in all 5 accused. As many as 7 accused are still absconding. I am not referring to the accusations in detail, suffice it to mention that the same are not only serious but also can be regarded as transnational crime.

4. The applicant on 18/02/2020 made an application under section 307 read with section 306 of the Code of Criminal Procedure, 1973 ('CrPC', for short) seeking pardon of the applicant before the Special Court, Greater Mumbai ('Special Court', for short). The application seeking pardon came to be allowed. The applicant's statement was recorded under section 9(3) of the MCOC read with sections 307 and 306 of CrPC. After the charges were framed by Urmila Ingale 926-BA-2609-2023j.doc the Special Court, recording of the evidence of the witnesses commenced. The applicant's evidence came to be recorded as P.W.-1 between the period from 20/08/2022 and 03/02/2023.

7. Learned APP opposed the application for bail on two counts. My attention is invited to section 306 of CrPC. Relying on sub-section 4(b) of section 306 of CrPC, learned APP submitted that the applicant has to be detained in custody until the termination of the trial in view of the mandate of section 306. It is further submitted that having regard to the nature of the accusations and in view of the fact that the applicant has deposed in favour of the prosecution, there is a threat to his life in prison as well as outside the prison. She submitted that it is in the interest Urmila Ingale 926-BA-2609-2023j.doc of the applicant, having regard to his safety concerns, that the applicant should remain in custody until the termination of the trial.

8. The question is whether the applicant in the facts and circumstances of this case can be enlarged on bail in the face of sub-section 4(b) of section 306 of CrPC., though he has complied with the conditions of pardon.

9. To answer this question, it is important to note the relevant provisions in respect of tender of pardon to accomplice. Section 306 provides for tender of pardon to accomplice which reads thus :

"306. Tender of pardon to accomplice-- (1) With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof.

15. Prior to the coming into force of the CrPC, 1973, the CrPC 1898 ("old code" for short) provided for tender of pardon to accomplice in section 337 under Chapter XXIV. The provisions of sub-section 3 of section 337 of the old Code is more or less similar to sub-section 4(b) of section 306 of the CrPC.

16. Section 308 deals with the provisions regarding the trial of person not complying with conditions of pardon. The present is not a case where the applicant has not complied with the conditions of pardon and therefore to such extent section 308 has no application. However, to appreciate the issue involved, it would nonetheless be useful to refer to the provisions of section 308 which applies in a case where the Urmila Ingale 926-BA-2609-2023j.doc person has not complied with the condition on which the tender was made. If the Public Prosecutor certifies in his opinion that such person who has accepted the tender of pardon, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence. Sub-section 3 of section 308 provides that at such trial, the accused shall be entitled to plead that he has complied with the condition upon which such tender was made; in which case it shall be for the prosecution to prove that the condition has not been complied with. The procedure in such a case and consequences thereof is provided for under sub-sections 4 and 5 of section 308. At such trial, the Court shall ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon was made. Sub- section 5 provides that if the accused does so plead, the Urmila Ingale 926-BA-2609-2023j.doc Court shall record the plea and proceed with the trial and it shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon, and, if it finds that he has so complied, it shall, notwithstanding anything contained in this Code, pass judgment of acquittal.