AIR 2006 SUPREME COURT 3056 ::2006 AIR SCW 4385 ::2007 (1) AIR Jhar R 66 ::(2007) 1 GCD 311 (SC) ::(2006) 3 AllCriR 2736 ::2006 CriLR(SC&MP) 850 ::2006 (3) SCC (Cri) 290 ::2006 (7) SCC 442 ::(2006) 4 RecCriR 128 ::(2006) 8 Scale 604 ::2006 CriLR(SC MAH GUJ) 850 ::(2006) 2 Cal LJ 258 ::(2006) 35 OCR 442 ::(2007) 1 JLJR 18 ::(2007) 1 Pat LJR 18 ::(2006) 3 Raj Cri C 583 ::(2006) 4 Crimes 46 ::(2006) 56 AllCriC 754

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): K. G. Balakrishnan, G. P. Mathur , JJ

(A) Criminal P.C. (2 of 1974) , S.306, S.308, S.482— Approver given pardon - Trial along with accused for giving false evidence or suppressing anything essential - Procedure therefore is prescribed by Code - However, if Court is satisfied that approver has not given full details of crime - Despite public prosecutor's failure to initiate action, Court can proceed against him by exercising inherent powers. The Code prescribes a procedure for trial of approver for the offences in respect of which he has been given pardon. The procedure prescribes that if the approver is wilfully concealing anything essential or is giving false evidence or had not complied with the conditions on which the tender of pardon was made, the approver can be tried for the offence in respect of which he had been given pardon. In order to prosecute the approver, the public prosecutor has to give a certificate and he should express his opinion that the approver has either wilfully concealed anything essential or has given false evidence or has not complied with the conditions on which pardon has been made. The proviso to S. 308 also says that such person shall not be tried for the offence for giving false evidence except with the sanction of the High Court and the approver also would be entitled to plead that he had complied with the condition upon which such tender of pardon was made and....