LT. COMMANDER PASCAL FERNANDES vs THE STATE OF MAHARASHTRA & OTHERS

The Supreme Court held that under Section 8(2) of the Criminal Law Amendment Act, 1952, a Special Judge has the authority to tender a conditional pardon to an accused, but this power is not exercisable suo motu and is limited to applications made by the prosecution. The Court clarified that the Special Judge's powers are distinct from those under Sections 337 and 338 of the Criminal Procedure Code, which govern the tendering of pardon at the investigation stage. The appeal was dismissed, affirming the High Court's decision to uphold the Special Judge's order allowing the clerk to testify as an approver.