hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO. 843 OF 2011 The State of Maharashtra ... Applicant Versus Abu Salem Abdul Kayyum Ansari & Ors. ... Respondents Mr. Rajesh More, A.P.P. for State. None for respondent. CORAM : K.U. CHANDIWAL,J. DATED : OCTOBER 20, 2011 P.C. Heard the learned A.P.P. Affidavit of service is filed. Even acknowledgment of letter dated 7.9.2011 shows that notice is received by Riaz Ahmed on 16.9.2011 in the presence of Jailor, Taloja Central Prison, Navi Mumbai. The respondent has not made any arrangement to keep advocate present nor has urged to provide legal aid. The short point involved in the matter is, respondent Riaz Ahmed had turned approver on or about 18.7.2006 before T.A.D.A. Special 1 hvn Court and consequently he has accepted pardon tendered to him under section 307 Cr.P.C. on the same day. The learned Special Judge while tendering pardon to respondent Riaz, specifically informed him that he should disclose full, true and correct facts to unearth criminal conspiracy. He agreed to do so and disclose true and correct facts within his knowledge pertaining to criminal conspiracy that was hatched. He was thereafter examined on 18.9.2008 and 19.9.2008. However, the approver did not comply with the terms and conditions on which pardon was tendered and thereby committed breach of condition imposed by the court. He informed that he does not desire to comment anything in respect of conspiracy hatched to commit murder of Pradip Jain. Looking to this condition the Special Public Prosecutor placed certificate before the learned Judge and thereby forfeited pardon. In the light of this situation, State has urged to exercise powers of this court under section 308 Cr.P.C. to sanction to take action against the said respondent Riaz for giving false evidence. Considering the fact situation, the approver respondent did not adhere to the terms of pardon, the prosecution is at liberty to prosecute 2 hvn him for giving false evidence. Such sanction is accorded in terms of section 308(1) Cr.P.C. Application is allowed. (K.U. CHANDIWAL,J.) 3