accused Ratan Sukladas (A-12) filed an application praying for
grant of `pardon' and to treat him as an `approver' which was
granted ... Prafullya Sukladas, originally
charged as accused No. 12, after tendering pardon was
examined as PW-6 on the side of the prosecution. Mr.
Sidharth Luthra
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
been tendered in evidence
by the prosecution as approver but later on pardon tendered to him
was withdrawn on a certificate of the Public Prosecutor ... before the Designated Court
that the respondent no. 3 may be tendered pardon on his readiness
and willingness to disclose true and correct facts about
power to the President of India and the Governor to grant
pardons and to suspend, remit or commute sentences in
certain cases. They ... follows:
" Art ic le 72. Power of President to grant pardons, etc.
and to suspend, rem i t or com m u te sentences
witnesses had been won over by the appellant, as the family had
pardoned the appellant, the case otherwise stood proved by
circumstantial evidence. The courts ... also deposed
that after the incident, a Panchayat was convened and it pardoned the
appellant. The version of convening the Panchayat and grant of
pardon
turned approver. According to learned senior counsel,
there is no provision for pardoning an accused and permitting him to become
an approver under TADA ... Code it can be said that PW-2 has been validly pardoned. In any
event, according to him, his statement needs to be corroborated
taken in his
name. He exercises the sovereign power to grant pardons, reprieves, respites
or remissions of punishment. He is vested with the power
India or the Governor of the State, as
the case may be. Pardons, reprieves and remissions under Article 72 or
Article 161 of the Constitution ... material, or if the order
suffers from arbitrariness. The power to grant pardons and to commute
sentences is coupled with a duty to exercise
inadmissible because this witness, though was an
accomplice he was neither granted pardon under
Section 306 CrPC nor was he prosecuted and the
prosecution unfairly
duly stamped. Under the
proviso to the Rule, the Collector may pardon the further
payment of duty prescribed in this Rule provided the person
holding
