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AIR 2012 SUPREME COURT 873
::2011 AIR SCW 6804
Supreme Court Of India
Hon'ble Judge(s):
A. K. Ganguly,
Gyan Sudha Misra
, JJ
Criminal P.C. (2 of 1974) , S.306, S.307, S.308— Prevention of Corruption Act (49 of 1988) , S.5(2), S.26— Tender of pardon to accomplice - Power of Special Judge to grant pardon - Is unfettered - Such power can be exercised at any stage - There is no stipulation that power can be exercised by Special Judge only at stage of trial - Effect of deeming provision in S. 5(2) of P. C. Act, explained. It goes without saying that under S. 5(2) of the P. C. Act the power of the Special Judge to grant pardon is an unfettered power subject to stipulation made in the Section itself. Such power can be exercised at any stage there is no stipulation that power can be exercised by the Special Judge only at the stage of trial as urged by the appellant's counsel. The deeming clause which has been introduced in Section 5(2) is for a very limited purpose mentioned in Section 5(2) of the P. C. Act. Sub-sections (1) to (5) of Section 308 have already been set out above and it is clear there- from that the said provisions have been enacted for a different purpose namely for holding trial of a person for not complying with the conditions of pardon.(Para 21) The deeming provision introduced in S. 5(2) of the P. C. Act is not for fettering the power of the Special Judge to grant pardon in terms of S. 306 of the Code. The purpose of introducing the deemi....
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