themselves accused
in the case and were granted pardon under Section 306
CrPC. Their testimony, by the very nature of their
position ... Ashikul Islam, both of whom were accomplices tendered
pardon under Section 306 CrPC. Their depositions, it was
argued, were tainted with self-interest
Magistrate
Madurai along with 164 Cr.P.C . Statement of Sathiyaseelan and
306 Cr.P.C . Proceedings (26 sheets)
Ex.P18 Petition filed before ... along with 164 Cr.P.C . Statement of Atmaram Gopal
Sattam and 306 Cr.P.C . Proceedings (53 sheets)
Ex.P.19 Petition filed before
made an application
under section 307 read with section 306 of the Code of
Criminal Procedure, 1973 (' CrPC ', for short) seeking ... coming into force of the CrPC , 1973, the
CrPC 1898 ("old code" for short) provided for tender of
pardon
shall hold trial in accordance with the
provisions of the Code of Criminal Procedure , 1973 ( 2 of 1974) as it
applies to a trial before ... been
recorded as under: -
―56. Grant of pardon under Section 306 Cr.P.C. would not fall within the
purview of the words 'finally
kind of witnesses can be
examined only under Sections 305 and 306 of the Cr.P.C.,
but not under Sections ... accomplice in the matter was granted pardon
under Section 306 of the Cr.P.C., his alleged statement
under Section 164 of the
present petition under Section 482 of the Code of Criminal
Procedure, 1973 (‗ CrPC ') is directed against the orders dated ... judicially and was
conscious of the procedure to be followed for the purposes of Section 306 of
the CrPC. It was submitted that
read with Section 401 of the Code of Criminal
procedure (hereinafter referred to as the "Code" for
short), the applicant assails the order ... NDPS Act being a
Special Act , will prevail over the Code of Criminal
Procedure . The Government has not exercised its power
under Section
read with Section 401 of the Code of Criminal
procedure (hereinafter referred to as the "Code" for
short), the applicant assails the order ... NDPS Act being a
Special Act , will prevail over the Code of Criminal
Procedure . The Government has not exercised its power
under Section
have
been examined as a witness without securing pardon under Section
306 Cr.PC.
50. In the application filed under Section 319 Cr.PC before ... examined as a prosecution witness, certainly, pardon under Section 306 Cr.P.C.
is mandatory and without such pardon, he cannot be examined
were pardoned, by an order dated
5.10.1983 passed under Section 306 Cr.P.C. by P.W.18 (Exs.P27 and P26
respectively ... PW18 dated
5.10.1983 (Exs.P27 and P26) passed under Section 306 , Cr.P.C. pardoning PW1
and PW2, corroborate with the material evidence
