DWARIKA DAS Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) 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.