BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of the afore-mentioned petitions as they are directed against the same order dated 23.4.2004 passed by the Additional Sessions Judge, Hoshiarpur, whereby application filed by Balwinder Singh (petitioner in Criminal Revision No. 1032 of 2008 and respondent No. 1 in Criminal Revision No. 1552 of 2008) under Section 307 , of the Code of Criminal Procedure (for short 'the Code') to allow him (Balwinder Singh) to get his statement recorded as an Approver and for tender of pardon to him was declined.

(2.) ALONG with Criminal Revision No. 1552 of 2008, an application bearing Criminal Miscellaneous, No. 36902 of 2008 has been filed under Section 5 of the Limitation Act for condonation of delay of 27 days in filing the revision petition. For the reasons stated in Criminal Miscellaneous No. 36902 of 2008, which is supported by an affidavit, the same is allowed and delay of 27 days in filing Criminal Revision No. 1552 of 2008 is condoned.

(3.) BALWINDER Singh, who was facing prosecution along with his co-accused in case F.I.R. No. 224 dated 30.10.2005 under Sections 302/120-8/34 of the Indian Penal Code and Section 25 of the Arms Act, 1959 registered at Police Station Mukerian, District Hoshiarpur, filed an application under Section 307 of the Code to allow him to get his statement recorded as an Approver and for tender of pardon to him. The Additional a Sessions Judge, Hoshiarpur, declined the said prayer of Balwinder Singh holding that pardon cannot be granted to him since in that case It would involve the risk of Balwinder Singh escaping from the punishment at the expenses of the other accused.