The High Court can exercise its inherent powers under Section 482 of Cr.P.C. to release an approver granted pardon, despite the restrictions of Section 306(4)(b), particularly in light of special circumstances like medical conditions.

JUDGMENT :

SWARANA KANTA SHARMA, J.

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 integrity of India, to cause disaffection against India and to threaten the unity, integrity, security of India. It is alleged that since April 2018, such fraudulent funds, running into crores of rupees had been received by M/s. PPK Newsclick Studio Pvt. Ltd. through illegal from M/s. Worldwide Media Holdings LLC, USA and others. It was also alleged that Mr. Prabir Purkayastha, Mr. Mr Doraiswami Raghunandan, Mr. Amit Sengupta, Mr. Bappaditya Sinha, Mr. Gautam Navlakha, Mrs. Geeta Hariharan, Mr. Amit Chakraborty (petitioner) and M/s. Worldwide Media Holding LLC were the shareholders of PPK Newsclick Studio Pvt. Ltd. The petitioner was arrested on 03.10.2023 in the present FIR.

3. The present petitioner was arrested on 03.10.2023 and since then, he has been in custody. The petitioner had initially filed a petition before this Court, whereby he had challenged his arrest and remand to police custody. However, the same was dismissed by the Co-ordinate Bench on 13.10.2023. The Special Leave Petition filed against this order was withdrawn by the petitioner on 22.01.2024.

4. In the meanwhile, an application dated 20.12.2023 had been moved on behalf of the petitioner under Section 306 of Cr.P.C. before the learned Additional Sessions Judge, New Delhi District, Patiala House Courts, wherein it was prayed that the petitioner be granted pardon and be allowed to become an approver in the present case. The said application was allowed by the learned ASJ on 06.01.2024 and pardon was granted to the petitioner.

5. Now by way of this petition, the petitioner prays that he be released from the custody as he has already been granted pardon in this case.

SUBMISSIONS MADE BEFORE THIS COURT
6. Learned counsel appearing on behalf of the petitioner argues that the petitioner has turned an approver, and his statement under Section 164 of Cr.P.C. in relation to the present case has already been recorded and no useful purpose is being served by his detention in jail. It is stated that the petitioner undertakes to make himself available for any further investigation and undertakes to abide by the conditions imposed by this Court in event of grant of bail and he is willing to cooperate with the prosecution and would depose as and when necessary. It is also stated that the trial in the present case has yet not started and the case is at the stage of investigation only. Learned counsel further argues that the provision of Section 306 (4)(b) of Cr.P.C. cannot be taken as an absolute provision and this Court has inherent powers under Section 482 in appropriat