Case Note & Summary
The petitioners, accused Nos. 5 and 6 in Special C.C. No. 54/2014 pending before the LXXXI Additional City Civil and Sessions Judge and Special Judge (MPs/MLAs) at Bengaluru, challenged the order dated 07-10-2021 by which the trial court allowed the application of accused No. 4 under Section 306 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking pardon on turning approver. The crime was registered against several accused including the petitioners and the second respondent (complainant). The petitioners contended that the order granting pardon was passed without recording the satisfaction of the court that accused No. 4 was willing to make a full and true disclosure of facts, as required under Section 306 Cr.P.C. The High Court examined the impugned order and found that it merely stated that the application was allowed without any discussion or satisfaction recorded. The court held that the power to tender pardon under Section 306 Cr.P.C. is a serious matter and the court must apply its mind to ensure that the accused voluntarily confesses and makes full disclosure. The order was quashed, and the matter was remitted back to the trial court for fresh consideration in accordance with law.
Headnote
A) Criminal Procedure - Tender of Pardon - Section 306 Cr.P.C. - Requirement of Voluntary Confession and Full Disclosure - The court must record its satisfaction that the accused is willing to make a full and true disclosure of facts before granting pardon - The order impugned did not contain any such satisfaction, rendering it unsustainable - Held that the order granting pardon to accused No.4 was quashed (Paras 10-15). B) Criminal Procedure - Approver - Section 306 Cr.P.C. - Role of Court - The court acts as a guardian of the proceedings and must ensure that the conditions precedent for granting pardon are strictly complied with - The mere filing of an application under Section 306 Cr.P.C. does not entitle the accused to pardon as a matter of right - Held that the court must apply its mind and record reasons (Paras 12-14).
Issue of Consideration
Whether the order granting pardon to accused No.4 under Section 306 Cr.P.C. was valid when the court failed to record its satisfaction that the accused voluntarily confessed and made full disclosure of facts.
Final Decision
The High Court allowed the petition, quashed the order dated 07-10-2021, and remitted the matter back to the trial court for fresh consideration in accordance with law.
Law Points
- Section 306 Cr.P.C.
- tender of pardon
- approver
- voluntary confession
- full disclosure
- satisfaction of court
- quashing of order
- criminal procedure
