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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
Amit Chakraborty – Appellant
Versus
State NCT Of Delhi – Respondent
JUDGMENT :
SWARANA KANTA SHARMA, J.
| INDEX TO THE JUDGMENT |
| FACTUAL BACKGROUND |
| SUBMISSIONS MADE BEFORE THIS COURT |
| ISSUE IN QUESTION |
| ANALYSIS & FINDINGS |
| I. Tender of Pardon under Section 306 of Cr.P.C. |
| II. Bar to Grant of Bail under Section 306(4)(b) of Cr.P.C. vs. High Court’s Inherent Power under Section 482 of Cr.P.C. |
| III. Tender of Pardon to Petitioner in this Case |
| IV. Whether this Court should exercise its Judicial Discretion in Favour of Petitioner? |
| a. Exercise of Judicial Discretion |
| b. Prosecution’s No Objection |
| c. Medical Condition of the Petitioner |
| d. Provision of Section 308 of Cr.P.C. |
THE DECISION
1. By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'), the petitioner seeks release from custody in case FIR No. 224/2023, registered on 17.08.2023 under Sections 13 /16/17/18/22C of Unlawful Activities (Prevention) Act, 1956 and Sections 153A/120B of INDIAN PENAL CODE , 1860 ('IPC').
FACTUAL BACKGROUND
2. The FIR, in a nutshell, was registered on the allegations that foreign funds had been infused illegally in India by Indian and Foreign entities, inimical to India, in pursuance of a conspiracy to disrupt sovereignty and territorial
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