Bombay Police Act, 1951, has been made, or (c) to whom a pardon has been tendered under section 337 or 338 or who has been
Dolly Ladiya made
an application before the trial court seeking tender of
pardon expressing her desire to become a witness in the
case. By order ... powers under Section 307 Cr.P.C. allowed that
application and tendered pardon to her on the condition of
her disclosing full account
termed as benign prerogative of mercy;
The power of pardon is absolute and exercisable at any time.
Rules framed under Art. 145 are subordinate legislation ... Constitution itself. While the Governor's power to grant
pardon is a power specially conferred upon him as was vested
in the British Governor
give power to the
President of India and the Governor to grant pardons and to suspend, remit
or commute sentences in certain cases. They ... follows:
“Article 72. Power of President to grant pardons, etc. and to suspend,
remit or commute sentences in certain cases – (1) The President shall
have
fixed day after the legal procedure is over, including the ground
of pardon or remission which are provided under Articles ... majority spoke to the following
effect:-
“… Wide as the power of pardon, commutation and release (Articles 72 and
161) is, it cannot run riot
respondent No.3 made a representation to respondent No.1
seeking pardon to respondent No.2 by exercise of power under
Article ... political rivalry. On 18.10.2004 during
the pendency of the petition for pardon, one month parole was
granted. On 11.8.2005 the Governor of Andhra Pradesh
purportedly
Pattanaik
JUDGMENT:
PATTANAIK,J.
The order of the Governor dated 25.1.1999, granting
pardon remitting the un-expired portion of the sentence
passed on prisoner Shri ... aforesaid
advise of the Chief Minister the Governor finally granted
pardon, as already stated.
Mr. K.T.S. Tulsi, learned senior counsel appearing
Constitutional law" on the effect of reprieves and pardons vis a vis the judgment passed by the court imposing punishment, at p. 176, para ... reprieve is a temporary suspension of the punishment fixed by law. A pardon is the remission of such punishment. Both are the exercise of executive
acquitted by the learned Sessions Judge. Accused Mohd. Rafiq was granted pardon by the Chief Judicial Magistrate on 14.11.1994 while the case had already been ... before the learned Sessions Judge an application was filed for grant of pardon to accused Mohd. Rafiq on 8.8.1994. The confessional statement of the said
Prabhu
and the other by Bhaskar Roy Choudhury praying for grant of
pardon. These applications were supported by the Central
Bureau of Investigation. Prabhu ... offences. The
investigating officer supporting the application for grant
of pardon stated before the Special Court that with a view
to obtain the evidence