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Bombay High Court Quashes Pardon Order in Sessions Case Due to Non-Compliance with Section 307 CrPC — Pardon Granted Without Recording Reasons or Considering Accused's Objections.

The petitioner, Nagnath s/o Rajaram Ghuge, was the accused in Sessions Case No. 41/2010 pending before the Additional Sessions Judge, Ambajogai, for o...

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Bombay High Court Quashes Pardon Order in Murder Case for Non-Compliance with Section 306 CrPC — Pardon Granted Without Examining Accused as Witness Violates Mandatory Procedure

The petitioner, Mahesh Balasaheb Thakoor, original accused no.3 in a murder case, filed a criminal writ petition before the Bombay High Court seeking ...

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Bombay High Court Quashes Pardon Granted to Co-Accused in Corruption Case for Non-Compliance with Section 307 CrPC. Pardon Order Set Aside as Special Court Failed to Record Reasons and Did Not Follow Mandatory Procedure Under Section 307 of Code of Criminal Procedure, 1973.

The applicant, Nanak Waswani (Accused No.1), and non-applicant No.2, Suresh Chichghare (Accused No.2), were facing trial for offences under the Preven...

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Bombay High Court Dismisses Co-Accused's Petition Challenging Pardon to Approver in Murder Case — No Right of Hearing Under Section 306 CrPC. Co-accused cannot claim right of audience before tender of pardon as it is a matter between prosecution and proposed approver.

The petitioner, Narendra G. Goel, was a co-accused in a murder case arising from the death of Dr. Asha Goel on 23rd August 2003. The Malabar Hill Poli...

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Bombay High Court Allows State's Petition, Holds Accused Cannot Cross-Examine Approver at Pre-Committal Stage Under Section 306(4) CrPC. The right to cross-examine the approver arises only after committal to the Court of Sessions, as the examination under Section 306(4) is for committal purposes only.

The State of Maharashtra filed a writ petition challenging the order of the Additional Sessions Judge, Greater Mumbai, which allowed the respondents (...

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Bombay High Court Dismisses CBI Petition Challenging Remand of Case to Chief Metropolitan Magistrate in Pardon Tender Dispute. ACMM Not Equivalent to CMM Under Section 306 CrPC, Committal Order Invalid.

The Central Bureau of Investigation (CBI) filed a charge-sheet against eight accused for offences under Section 120-B read with Sections 420, 468, 471...