JUDGMENT

Dr. B.S. Chauhan, J.

1. This appeal has been preferred against the impugned judgment and order dated 20.8.2007 passed by the High Court of Delhi at New Delhi in Crl. Misc. (Main) No. 3741 of 2001, by which it has set aside the order of the Special Judge dated 7.9.2001 granting pardon to respondent no. 2, Shri Abhishek Verma under Section 306 of Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) and making him an approver in the case wherein respondent no.1, Ashok Kumar Aggarwal is also an accused; and remanded the same to decide the application afresh.

2. Facts and circumstances giving rise to this appeal are that:

A. A case was registered by the appellant, CBI on 29.1.1999 on the written complaint of one Abhijit Chakraborty, Additional Director, Enforcement Directorate (hereinafter referred to as ED), Ministry of Finance, Government of India. The complainant alleged that the Delhi Zonal office of the Enforcement Directorate conducted a search at the office i.e. three shops at Hotel Maurya Sheraton, New Delhi and residential premise i.e. G-51, Lajpat Nagar III, New Delhi of one Subhash Chandra Barjatya on 1.1.1998. Respondent no.1 was the Deputy Directo