STATE OF WEST BENGAL Vs. R S ADISESHAN

JUDGEMENT

(1.) Espondents 1 to 6 are being tried for offences punishable variously under S. 409/420/120-S/477-A and 467 of the penal Code, as also under S. 5 (1) (c) and 5 (1) (d) read with S. 5 (2) of the Prevention of Corruption Act, 1947. The case of the prosecution is that respondents 1 to 4, who are government servants, acting in conspiracy with respondents 5 and 6 defrauded the government of a sum of Rs. 5241.20 by means of fictitious cash memos.

(2.) On 10/11/1972, respondents 5 and 6 filed an application in the trial court for the grant of pardon to them under S. 337 (1) of the Code of 1898. The Prosecution supported that application. By a judgment dated 15/12/1972, the learned 4th Additional Special Judge, calcutta, rejected that application. Yet another application was filed by respondents 5 and 6 during the trial staling that they were willing to be examined as approvers and that they should be granted pardon. That application was allowed on November 22, 1973. The trial court tendered pardon to respondents 5 and 6 and directed that the prosecution shall be at liberty to examine them as approvers subject to the usual conditions.

(3.) Respondent 1 challenged the aforesaid order by preferring a revision application in the High-Court of Calcutta. By its judgment dated 12/07/1974, a division bench of the High court allowed the Revision applicationand set aside the order of the trial court. This appeal by special leave is directed against the order of the High court.