this ground, which is subject to certain conditions mentioned in Section 306 Cr.P.C., the grant of pardon in the scheduled offence will ... deal with the question of effect of grant of pardon under Section 306 Cr.P.C. in respect of the scheduled offence upon the proceedings
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
powers conferred on the Court under Sections 306 and 307 of the
Criminal Procedure Code, 1973.
13. Subsequently, when the prosecution moved an application under ... Bahri vs. State of
Punjab 1994(3) RCR(Criminal) 1, explained the object of Section 306 Cr.P.C.
in the following words
Section 482 of the Code of Criminal Procedure (hereinafter
referred as 'Code') for quashing/setting aside Section 306(4)(b) ... 2022
The question remains that the petitioner who is approver
under section 306 Cr.pc whether can be allowed to remain
in jail custody
trying the
accused person, shall follow the procedure prescribe by the
Code of Criminal Procedure , 1973, for the trial of warrant cases
by Magistrates ... Code of
Criminal Procedure, 1898, be deemed to have been
tendered under section 338 of that Code (3) Save as
provided in sub-section
provisions under Sections 306
and 307, Cr.P.C.
Section 306 , Cr.P.C. provides :-
"306. Tender of pardon to accomplice. - (1) With ... meticulous examination of both the provisions indicates that Section
306 , Cr.P.C. is applicable in a case where the order of commitment
Prosecution pertaining to the question of Approvers, sans a petition
under Section 306 Cr.P.C. That, it is apparent that the Learned
Trial Court ... juncture, it is essential to reiterate that although
no application under Section 306 Cr.P.C. was filed either
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
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