BANGARU LAXMAN versus STATE (THROUGH CBI) & ANOTHER

BANGARU LAXMAN versus STATE (THROUGH CBI) & ANOTHER

A Special Judge under the Prevention of Corruption Act has the jurisdiction and unfettered power to grant pardon at the investigation stage, even prior to the filing of the charge sheet, subject only to the stipulation made in Section 5(2). Section 306 of CrPC applies to the Special Judge, and the deeming provision in Section 5(2) is for a limited purpose only, not to fetter the power of granting pardon.

Parties
Appellant: Bangaru Laxman; Respondents: State (Through CBI) & Another
Jurisdiction
India
Judgment Date
22 November 2011
Procedural Posture
Criminal Appeal / Appeal From High Court's Order on Revision Petition Declining to Interfere With Grant of Pardon by Special Judge; Supreme Court Judgment Disposing the Appeal
Outcome
Appeal dismissed
Legal Topics
Grant of Pardon, Jurisdiction of Special Judge, Prevention of Corruption Act, Interpretation of Statutes
Criminal Law Grant of Pardon Jurisdiction of Special Judge Prevention of Corruption Act Interpretation of Statutes

Case Brief

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Parties

Bangaru Laxman

Appellant

State (Through CBI) & Another

Respondents

Procedural Posture

Criminal Appeal / Appeal From High Court's Order on Revision Petition Declining to Interfere With Grant of Pardon by Special Judge; Supreme Court Judgment Disposing the Appeal

Legal Issues

  1. 1 Whether the Special Judge under the Prevention of Corruption Act has authority to grant pardon at the investigation stage before filing of the charge sheet
  2. 2 Whether Section 306 of CrPC applies to Special Judge under the PC Act
  3. 3 Interpretation of legal fiction in Section 5(2) of the PC Act

Ratio Decidendi

A Special Judge under the Prevention of Corruption Act has the jurisdiction and unfettered power to grant pardon at the investigation stage, even prior to the filing of the charge sheet, subject only to the stipulation made in Section 5(2). Section 306 of CrPC applies to the Special Judge, and the deeming provision in Section 5(2) is for a limited purpose only, not to fetter the power of granting pardon.

Court Disposition

Appeal dismissed

Orders

  • Special Judge who tries the case shall independently apply his mind and not be influenced by the earlier observations granting pardon.