Whether main accused may be an approver ? (Criminal Law)

This query is : Resolved

Author : kk dubey

PRO CHAT CALL

Posted On 10 July 2012 at 18:45

A criminal case pending in session court against 3 persons under sections 121,124A & 120B of IPC and 17 ,40 of Unlawful activities
Prevention Act .Whether pardon can be granted to main accused i.e X? The X trying to extort money from co-accused i.e.Y in case Y gives money to X he will be silent in this scenario what's remedy is available for Y . Can Y put objection to court for not granting pardon to X .

Expert : Adv. Bharat Chugh

PRO CHAT CALL

Posted On 10 July 2012 at 20:03

Normally the prime accused is never made the approver because by pardon being extended to him, he escapes punishment and even the tag of accused is removed - he is kept in custody only till the pendency of trial, if the main accused is exonerated then the purpose of pardon is frustrated - pardon is given when to bring home the offence with respect to main accused - and when no independant evidence is forthcoming - accessories are normally given pardon - i.e to sacrifice the smaller good for the larger good.

In this case the grant of pardon to prime accused can be objected to by the co-accused as well as the informant/victim.