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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Munwar Affaque @ Munawar Afaque son of Afaque Ahmad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to release the petitioner on bail, who became an approver under Section 307 of the Code of Criminal Procedure in connection with S.T. Case No.783 of 2022 corresponding to Sukhdeonagar P.S. Case No.238 of 2022 involving the offences punishable under Sections 302, 120B/34 of the Indian Penal Code as well as Sections 27, 35 of the Arms Act in exercise of the power under Section 482 of the Code of Criminal Procedure.
3. Learned counsel for the petitioner submits that the petitioner was accused of the said case. In his statement under Section 313 of the Code of Criminal Procedure, the petitioner stated that he wants to be an approver; subsequently, the petitioner herein, filed an application for pardon and such petition after being allowed, the petitioner became an approver. Vide order dated 09.08.2023, the petitioner was granted pardon under Section 307 of the Code of Criminal Procedure. It is next submitted that after the petitioner became the approver, he has been examin
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 cir....
An approver, granted pardon, may be released on bail under inherent power despite legislative bar, reflecting the need for justice and preventing undue detention.
Pardon person - where the provisions of Section 306(4)(b) of the Cr.P.C. 1973 stipulate categorically to the effect that every person accepting a tender or pardon made under Sub-Section (1) of Sectio....
The provisions of Section 306(4)(a) of the Cr.P.C. are not attracted if an accused is tendered pardon after the commitment by the Court to which the proceeding is committed in exercise of powers unde....
Section 306 of Cr.P.C. dealing with tendering of pardon, pardon is a permissible exercise of power by concerned Court and if full disclosure of fact are coming about in terms of said pardon, such par....
Prolonged detention of an approver without trial violates the fundamental right to speedy trial under Article 21, applicable to foreign nationals.
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