( 1 ) THIS is an application against the order of the Second Addl. ' Sessions judge, Metropolitan Area, Bangalore, dated 19-6-80 refusing bail to the petitioner Laxmamma who is an approver in a Sessions Case against Shanmugam and Laxman Giri under Sections 302 read with Sec, 34 IPC and Sec. 114 I. P. C. ( 2 ) THE learned Second Additional sessiors Judge has rejected her application mainly on the ground that he has no power to grant bail in view of the prohibition contained in Sec. 306 (4) (b) Cr. P. C. ( 3 ) MR. Raja lyengar, learned counsel for the petitioner, urged that as the petitioner has been tendered pardon under Sec. 307 Cr. P. C. by the learned second Additional Sessions Judge, the prohibition contained in Sec. 306 (4) (b) Cr. P. C. does not apply. ( 4 ) I see considerable force in the said contention of Mr. Raja lyengar. It is not disputed that the petitioner has been tendered pardon under Sec. 307 cr. P. C. by the Sessions Court. According to Section 307, the Sessions Court can tender pardon to the accused committed to it for trial on the same condition i. e. the condition stated in section 306 Cr. P. C. The only condition stated in Section 306 Cr. P. C. is that the person to whom the pardon is tendered shall make a full and true disclosure of the whole of the circumstances within his knowledge relating to the offence and to every other person concerned, whether as principal or abettor in the commission thereof. The prohibition contained in Sec. 306 (4) (b) applies only to Magistrates and not to the Sessions Court. It does not constitute the condition, on which the pardon may be tendered to an accused person. The provision of law contained in, Section 306 (4) (b) cannot be made applicable to the case of a person to whom pardon has been tendered under Section 307 Cr. P. C. by the Sessions Judge by analogy. As there is no such prohibition in Sec. 307 Cr. P. C. the petitioner can be released on bail. The petitioner being a lady is entitled to be released on bail. The learned High Court government Pleader also very fairly conceded that he has no objection to release the petitioner on bail.
P. C. by the Sessions Judge by analogy. As there is no such prohibition in Sec. 307 Cr. P. C. the petitioner can be released on bail. The petitioner being a lady is entitled to be released on bail. The learned High Court government Pleader also very fairly conceded that he has no objection to release the petitioner on bail. ( 5 ) IN the result, the petition is allowed and the petitioner shall be released on bail on her executing a bond for Rs. 2,000 with one surety for like sum to the satisfaction of the second Additional Sessions Judge, metropolitan Area, Bangalore. --- *** --- .