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
State's witness. Upon this application,
proceedings were taken under Section 306 Cr.P.C. and the
petitioner herein was granted pardon and made ... that the petitioner
has honoured his part of the bargain under Section 306 Cr.P.C. by
testifying against the accused persons in form
made, has also to fallow the same procedure as
prescribed in Section 306 of the Cr.P.C. This position is amply clear ... with the provisions of Section 306, specially Section
306(2)(a) of the Code and Section 26 of the PC Act, this Court
Prosecution witnesses in this case
without following the procedure laid down in
Section 306 Cr.P.C.
(b) This defect in investigation, renders the
testimony ... been impleaded as prosecution witnesses
without following the procedure laid down in section 306 Cr.P.C. and
this defect in investigation renders the testimony
inherent jurisdiction under Section
482 of the Code of Criminal Procedure, 1973 (for short, 'the Code')
admit the privilege of bail ... identical terms with the provisions of
Sections 306 and 308 of the Code of Criminal Procedure, 1973.
Sub-section (3) of Section
through his counsel seeking pardon under Section 306 of the Code of Criminal Procedure 1973 by becoming a prosecution witness to the alleged offence whereon ... that the grant of pardon by a court under Section
306 Code of Criminal Procedure on being asked by the accused and duly
supported
moved before the
learned trial Court under Section 306 of the Code of Criminal Procedure by
the complainant- petitioner for tendering pardon ... ground that the said application
which was filed under Section 306 Cr.P.C. by petitioner - complainant, was
not maintainable keeping in view the fact
under Sections
364 , 201 , 344 , 330 , 219 and 120 B of the IPC . That by order
dated 11.05.2020, the learned Additional Sessions Judge, Mohali
granted ... Mohali for grant of
pardon and declaring them as approver under Section 306
Cr.P.C. However, all the three applications came to be dismissed
Jithesh vs The State Of Kerala on 12 August, 2020
Equivalent citations: AIRONLINE 2020 KER
investigation the SHO of Police Station Bharmour, sent
notice under Section 160 CrPC to Bhuvneshwar Kumar the present
petitioner telling him that they ... accused which is legally not admissible unless
done by following Section 306 CrPC or Section 30 of the Indian
Evidence Act which
