Whether main accused may be an approver ?
kk dubey
(Querist) 10 July 2012
This query is : Resolved
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 .
Adv.R.P.Chugh
(Expert) 10 July 2012
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.
