LALAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This Criminal Revision is directed against the order dated 19.02.2011 passed by the Special Judge, C.B.I.-cum-Additional Sessions Judge- Dhanbad by which the petition filed under Section 306 Code of Criminal Procedure on behalf of the Petitioner-Lalan Singh to tender him pardon being the accomplice in R.C. 9 (A)/07-D was dismissed.

(2.) The Petitioner was granted anticipatory bail by this Court in A.B.A. No. 1859 of 2009. The F.I.R. was lodged by the S.P., C.B.I. at Dhanbad vide R.C. 9(A)/07-D on 11.09.2007 against the named accused but the Petitioner was not named there for the alleged offence under Sections 120B/420/468/471 and 477A Indian Penal Code as also under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. After investigation final report in terms of Section 173 Code of Criminal Procedure was submitted against the accused including the Petitioner as accomplice, however, with the observation at page 45 in the concluding line, "the accused Lalan Singh is proposed to be made as an approver in this case in the final report and it was submitted before the Court of Special Judge, C.B.I., Dhanbad, on the basis of which cognizance of the offence was taken after perusal of the materials on the record.

(3.) The Petitioner on the basis of the observation made by the Investigating Officer in the final report filed a petition under Section 306 of the Code of Criminal Procedure before the Special Judge, C.B.I.-cum-Additional Sessions Judge-I, Dhanbad with the request to grant him pardon as he expressed voluntarily to become an approver on behalf of the prosecution. In reply to his petition filed under Section 306 Code of Criminal Procedure. the C.B.I. stated that accused Petitioner (Lalan Singh) had already delivered an inculpatory statement under Section 164 Code of Criminal Procedure against the co-accused by admitting his guilt before the Judicial Magistrate, Dhanbad on 18.11.2008 and that pardon of Shri Lalan Singh was essential with a view to obtaining his evidence against the co-accused. It was requested by the C.B.I. therefore that the petition filed on behalf of the Petitioner under Section 306 Code of Criminal Procedure. may be allowed by approving him as an approver as there was no other material, oral or documentary to establish the guilt of the co-accused in the case.