accused -
Asimkumar Niranjanbhai Chakravarti filed applications under
Section 306 of the Criminal Procedure Code, 1973 ( CrPC ) to
become an approver in Sessions Case ... compliance with the conditions specified in Section 306(1). Section
306(4) is procedural in nature, it is to be followed by a Magistrate
approver, also suffers from
grave irregularities, as no procedural requirement under Section 306 CrPC was
followed, as it is bereft of reasons ... learned trial Court has followed due procedure as envisaged under Section 306 / 307 CrPC,
while granting the status of approver, vide order dated
also worth to mention
here that even after following the procedure under
Section 306 Cr.P.C., if the court comes to the conclusion
that ... allowed the application by tendering
pardon and followed the procedure as contemplated
under Section 306 Cr.P.C. to find out whether conditions
of tender
prayer.
14. The law relating to granting pardon, the procedure
contemplated under section 306 Cr.P.C and the consequence of
non-compliance with ... though there cannot be
any dispute that, notwithstanding the procedures under sections
306 and 308 Cr.P.C, still in exceptional circumstances invoking
jurisdiction under
prayer.
14. The law relating to granting pardon, the procedure
contemplated under section 306 Cr.P.C and the consequence of
non-compliance with ... though there cannot be
any dispute that, notwithstanding the procedures under sections
306 to 308 Cr.P.C, still in exceptional circumstances invoking
jurisdiction under
prayer.
14. The law relating to granting pardon, the procedure
contemplated under section 306 Cr.P.C and the consequence of
non-compliance with ... though there cannot be
any dispute that, notwithstanding the procedures under sections
306 to 308 Cr.P.C, still in exceptional circumstances invoking
jurisdiction under
appropriate Magistrate under clause
(a) of sub Sec. (4) of Sec.306 Cr.P.C., is
relevant and admissible under Sec. 33 of the
Evidence ... 306 (3) lays down the procedure for
tender of pardon. Every Magistrate who tenders a pardon
under sub Sec. (1) of Sec. 306 is bound
marked as Ext-2. In his statement recorded under Section 306 , CrPC, was marked as Ext-4. In his evidence before the Court ... Criminal Appeal No. 7/98, adopted the aforesaid arguments of Mr. Bhattacharjee. In addition, he submitted that Sub-section (4) of Section 306 , CrPC
Cr.P.C, and the only
legally-permissible procedure is under Section 306 Cr.P.C by
3
tender of pardon through Court, therefore ... alleged, Respondent had deliberately bypassed
the mandatory procedure under Section 306 Cr.P.C, which is
intended for the offences triable by Sessions Court
fall within the four corners of Section
337 of the Code of Criminal Procedure. On a
perusal of the statement of Baldev Singh ... think that the provisions of Section 337 of the
Code of Criminal Procedure have been violated in
any way."
11. Keeping in view
