NIA Court Can Entertain Application For Tender Of Pardon Preferred At Investigation Stage U/S 306 CrPC: Kerala High Court

Post published: June 16, 2022
Post category:Daily Judgments / Kerala High Court
Reading time:4 mins read

NIA Court Can Entertain Application For Tender Of Pardon Preferred At Investigation Stage U/S 306 CrPC

Case: Suresh Raj v. National Investigation Agency

Coram: Justice K. Vinod Chandran and Justice C. Jayachandran

Case No.: CRL.A NO. 213 OF 2022

Court Observation: “Being a court of original criminal jurisdiction and having been specifically bestowed with the power to take congnizance, without a formal commitment of the case, a Special Court can exercise the powers to grant pardon, either under Section 306 or under Section 307, at any stage of the proceedings; of course subject to the propriety, good faith and bona fides of exercise of such power, which also has to be made judiciously.”

“The person to whom pardon is to be tendered need not necessarily be an accused; rather it is not a sine qua non. The fact that in many an occasion, pardon is being granted to an accused person, is no indication for a conclusion that such person should always be arraigned as an accused person.”

Suresh-Raj-v.-National-Investigation-Agency-16-June-5 Download

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