Judicial discretion governs pardon to an accused; prosecution support does not create any enforceable right to approver status.

Sections 306 and 307 of the Code of Criminal Procedure, 1973 vest the power to tender pardon in the court's judicial discretion, not in any agreement between the prosecution and the accused. An accused does not have an enforceable right to be treated as an approver merely because the prosecution supports that course or because similar treatment was given in other cases. The court may refuse pardon where the circumstances justify it, and may retain the accused in the array of accused. The accused's willingness, including after framing of charge, does not by itself compel grant of pardon.

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Issues: Whether an accused, with the support of the prosecution, is entitled as of right to be treated as an approver and granted pardon under Sections 306 and 307 of the Code of Criminal Procedure, 1973, and whether the Court can refuse such request.

Analysis: Section 306 of the Code of Criminal Procedure, 1973 empowers the Magistrate to tender pardon to a person concerned in an offence, and Section 307 of the Code of Criminal Procedure, 1973 similarly vests the Court before judgment with power to tender pardon. The power is therefore judicial and not a mere contractual arrangement between the prosecution and the accused. The Court is not bound to accept the prosecution's request or the accused's willingness to become an approver, and may refuse pardon where the circumstances justify such refusal. The fact that the accused had been treated as an approver in other cases did not create a right to similar treatment in the present case. After the charge was framed, the accused also pleaded not guilty, which further reduced the scope for interference.

Conclusion: The accused had no enforceable right to be treated as an approver, and the refusal to grant pardon or remove him from the array of accused was upheld.

Ratio Decidendi: Grant of pardon to an accused under Sections 306 and 307 of the Code of Criminal Procedure, 1973 lies within the Court's judicial discretion and is not compelled by agreement between the prosecution and the accused.

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