JUDGMENT

Ganguly, J.

1. Leave granted.

2. The challenge in these appeals is to an order dated 17.7.2006 by which the learned Special Judge granted pardon to respondent No. 2-Shri T. Satyamurty on the condition that the said respondent shall make full disclosure of the facts and circumstances relating to the offence committed by him in conspiracy with the appellant and one Shri N. Umamaheshwar Raju.

3. The charge-sheet in this case was filed next day i.e. 18.7.2006 against the appellant and Shri N. Umamaheshwar Raju. The said order granting pardon was challenged before the High Court but the said challenge was turned down by the High Court by its order dated 30.8.2010. The main argument by the appellant in this case is that pardon could not be granted by the Special Court prior to the filing of the charge-sheet.

4. Certain facts which are relevant to decide this A controversy may be recorded.

5. On 21.4.2005 the confessional statement of the respondent no.2 was recorded under Section 164 Cr.P.C. The said confessional statement of respondent No.2 recorded his involvement and the involvement of the appellant in the incident. On considering the said statement, the prosecution formed an