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Ø Earlier order dated 06.08.2008, while the learned Court allowed the prayer of the IO to consider the accused David Kemprai as an approver, also suffers from grave irregularities, as no procedural requirement under Section 306 CrPC was followed, as it is bereft of reasons for doing so. The learned trial Court erroneously granted pardon to the accused David Kemprai on 27.07.2018, Page No.# 6/26 reviewing its earlier order dated 06.08.2008 and hence, manifested with grave irregularities. The prayer made by the petitioner to cancel such order, pointing that statutory requirement was not followed while granting pardon was also not considered by the trial Court, which has caused severe prejudice to the present petitioner.

Accused UTP Miput Rajiyung has filed a petition vide Petition No. 13, u/S 306 of CrPC, 1973, for grant of pardon to the accused petitioner for being treated him as approver.
Fix 20.03.2018, for hearing N.O. Later, The Ld Advocate of accused Miput Rajiyung has expressed unwillingness to pursue the petition under Section 306 of CrPC, 1973"

28. On 24.05.2018, the Court passed the following order:-

Now, coming to relevant provision that would be applicable in conformity of the order dated 06.08.2008, is Section 306 of CrPC. Section 306 CrPC contemplates tender of pardon to accomplice which runs as such:-
(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 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 principle or abettor, in the commission thereof.

Section 307 contemplates provision for tendering pardon to a person after the case is committed to the Court of Sessions on the same condition as in Section 306 (1) of CrPC discussed above though not specified in this Section itself, but this position of law had been decided in catena of decisions by the Hon'ble Supreme Court one of such decision is A Devendran -Vs- State; (1997) 11 SCC 720. Apart from 306 (1) CrPC, none of the provisions in Section 306 is applicable to Section 307 of CrPC.