Accused Cannot Oppose Co-Accused’s Approver Plea: Delhi HC

“Section 306 of the CrPC does not give every co-accused the right to be heard. Grant of pardon is not by itself an act prejudicial to the co-accused and does not by itself lead to their conviction,” the order dated July 4 said. It was said.

“The approver must be questioned and then cross-examined at the trial stage before his statement becomes admissible evidence. The opportunity to cross-examine the approver and question his credibility is adequately afforded to the co-accused at the trial stage. Therefore, the only effective opportunity may be given to the co-accused at the trial stage to question the credibility of the approver,” the court said. he explained.

The court was concerned with a request by a company accused in a money laundering case to recall a 2024 order granting approver status to another defendant.

The applicant company claimed that it was the necessary party in the matter and that the decision was made without giving it the opportunity to be heard.

Describing the arrest of the applicant as “premature”, Justice Singh stated that the issue had already been considered by this high court and other high courts in another case and it had been held that the right of the co-accused arises only at the trial stage and he has no right to seek a hearing in the mercy proceedings.

“Petitioner and other defendants will have ample opportunity during the hearing to challenge and cross-examine petitioner and undermine the credibility of his testimony, which certifies this case,” the court said.

The court concluded that “There was no procedural error or violation of the Principles of Natural Justice in making the contested decision. The application is rejected for the stated reasons.”