criminal jurisprudence.
6. Inter alia, the applicant submits that use of the word 'shall' under Section
306(4)(b) of the ... cases that
when a person is tendered pardon under Section 306 Cr.P.C., he should
be detained without anything more is not the intention
Cr.P.C. There is no
provision or procedure for taking on record the pre-recorded statement by
way of statement u/s 164 ... hope of
being granted pardon and an application u/s 306 Cr.P.C was moved for
being made an approver as is apparent from
Court held:
"22. The bare reading of Section 306(4) Code of Criminal
Procedure clearly shows the intention of the Legislature that
every person ... envisaged
by Section 306, the tender of pardon is not complete and
consequently, Section 306 of the Code of Criminal Procedure
cannot be attracted. Their
tendered pardon under Section 306 , Code of Criminal Procedure by the learned Chief Metropolitan Magistrate Delhi on 27-5-1977. Before H. K. Jhalla could ... envisaged by Section 306, the tender of pardon is not complete and consequently. Section 306 of the Code of Criminal Procedure cannot be attracted. Their
free and fair criminal
trial in accordance with the procedure established by law, he has a
Crl.M.C. 1906/2011 Page ... thus, the provisions of Section 306(4)(b)
Crl.M.C. 1906/2011 Page 5 of 15
Cr.P.C ., which is based on public
inherent
powers u/s 482 Cr.pc. ...... Sub- Section 4 of Section 306
Cr.pc cannot be interpreted in a manner which would defeat ... accused is
granted pardon under the relevant provisions of the Code of
Criminal Procedure , he ceases to be an accused and appears
witness
accepting a tender of
pardon made under sub- section 1 of Section 306 Cr.P.C. shall, unless
he was already on bail, be detained ... petition under Section 482 Cr.P.C. in this
Crl. A. 953/2013 Page 4 of 14
Court(being Crl.M.C. 2643/2013). That
investigating officer for grant of pardon
to accused Pankaj Bajaj under Section 306 Cr.P.C., the petitioner who is a
co-accused prefers ... granted on the application
of the accused which is mandatory under Section 306 Cr.P.C., thirdly, the
very fact that the investigating officer filed
Criminal
Procedure Code 1898 and Criminal Procedure Code 1973 held that a Court
of an Additional Chief Metropolitan Magistrate is not subordinate to Chief
CRL ... Chief Metropolitan Magistrate for the purpose of
Section 306 of the Criminal Procedure Code?
(2) Whether in Sub-clause (i) of Clause
stated that infact on 31.10.2012
Chanshivroop Singh filed an application under Section 306 Cr.P.C. for
WP (Crl.) 1748/2012 Page ... Annexure
R-1.
On 31.10.2012 Chanshivroop Singh filed an application U/s 306
Cr.P.C . for grant of pardon in the court
