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2015 DIGILAW 1481 (JHR)

Dwarika Das v. State of Jharkhand through C. B. I.

2015-11-27

R.R.PRASAD

body2015
ORDER : This application is directed against the order dated 4.2.2015 passed in R.C. case no.05(A) of 1997(D) by the Special Judge, C.B.I, Dhanbad whereby and whereunder the application filed by the petitioner under Section 306 of the Code of Criminal Procedure for grant of pardon upon being declared him as an approver was rejected. 2. Mr. Rai, learned Sr. counsel appearing for the petitioner submits that an application was filed by the petitioner under Section 306 of the Code of Criminal Procedure for seeking pardon on being declared him as an approver. To that application, a rejoinder was filed on behalf of the C.B.I wherein it was expressed on behalf of the Investigating Officer that he does not have any objection in declaring the petitioner approver. In spite of that, the application was dismissed on the ground that the petitioner has been taking such plea only to get himself absolved from the accusation but completely failed to take notice of the fact which was there in the prayer portion of the petition that the petitioner would be making full disclosure of the fact relating to offence and on account of that perhaps the C.B.I did not raise any objection before the court below for declaring the petitioner approver. 3. Under the circumstances, the impugned order is fit to be set aside and consequently, the petitioner be declared as an approver. 4. Mr. Deo, learned counsel appearing for the C.B.I submits that it is true that when application was filed by the petitioner seeking pardon upon being declared as an approver, C.B.I did not take any objection. 5. Thus, it does appear that the prayer of the petitioner of grant of pardon on being declared as approver was rejected on the ground that the petitioner has been taking such plea as he intends to get himself absolved from accusation and also on the ground though not directly but indirectly that nothing is there to indicate that the petitioner by making disclosure would unravel the truth so that guilt of other person could be brought home but the statements made in the petition itself indicate though not very specifically about the circumstance indicating the guilt of other which fact was not taken in the account by the trial court and thereby the impugned order suffers from illegality and hence, it is set aside. 6. 6. Considering the aforesaid submission as well as facts and circumstances, let undertaking be given by the petitioner before the court below of making statement to unravel the truth so that guilt of other accused persons be brought home. On such undertaking being given, the petitioner on being granted pardon be made approver. Such declaration be subject to other conditions which are there under Sections 306, 307 and 308 of the Code of Criminal Procedure. 7. Thus, this application stands disposed of.