Legal Provisions Involved: Sections 306 and 308 of the Code of Criminal Procedure, 1973; Section 164 CrPC.

Judgement By: Karnataka High Court.

Judge/Bench: Justice Anant Ramanath Hegde.

Facts

In a CBI corruption case, two accused became approvers and were granted pardon on the condition that they speak the truth. During cross-examination, they claimed their earlier confessions were made under pressure. The prosecutor sought to cancel their pardon, but the Special Court refused, finding no breach of conditions. The CBI then challenged this order before the High Court.

Key Legal Provisions

Sections 306, 308, and 164 of the Code of Criminal Procedure, 1973.

Issues Raised

Whether a pardon can be cancelled automatically based on the prosecutor’s certificate, and whether statements made during cross-examination amount to violation of pardon conditions.

Arguments of the Case

The CBI argued that the approvers changed their version and violated the terms of pardon. The defence argued that mere allegations in cross-examination are not enough and that court approval is required.

Judgement

The Karnataka High Court dismissed the CBI’s petition. It held that pardon is not cancelled automatically. A court must first decide whether the approver has willfully broken the conditions. Statements made during cross-examination alone are not sufficient.

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