Supreme Court of India
Bangaru Laxman v. State (through Cbi) & Another
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4 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the deeming provision introduced in Section 5(2) of the P. C. Act is not for fettering the power of the Special Judge to grant pardon in terms of Sec,::m 306 of the Code.
Judgment, page 15
From the headnote
PREVENTION OF CORRUPTION ACT, 1988: s. 5(2) - Power of Special Judge to grant pardon at investigation stage - Held: On a harmonious reading of s. 5 (2) of the P. . Act with the provisions of s. 306, specially s. 306 (2) (a) of the Code and s. 26 of the P. . Act, the Special 0 Judge under the P. . Act, while trying offences, has the dual power of the Sessions Judge as well as that of a Magistrate, and conducts the proceedings under the Code both prior to as well as after the filing of charge she2t, for holding the trial ""' Therefore, the power of granting pardon, prior to the filing of the
Authorities it was built on
- 1963 State of Uttar Pradesh v. Singhara Singh and Others
- 1984 A.R. Antulay v. Ramdas Sriniwas Nayak and Another
- 2001 Harshad S. Mehta and Ors. v. The State of Maharashtra
- 1967 Lt. Commander Pascal Fernandes v. The State of Maharashtra & Others
- 1979 State of Tamil Nadu v. V. Krishnnaswami Naidu & Anr.
Where later benches applied it
- 2023 A. Srinivasulu v. The State Rep. by the Inspector of Police
- 2012 Commissioner of Central Excise, Mumbai v. M/s. Fiat India (p) Ltd. & Anr.
- 2016 State through Cbi, Chennai v. V. Arul Kumar
- 2014 P.C. Mishra v. State (c.b.i.) & Anr.
Of those, 2 relied on · 2 mentioned
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