HYDERABAD: It is a settled law that if pardon is to be granted to one of the accused in a case, the rest of the accused need not be heard, the special court for CBI cases has ruled. The court made this terse observation in reaction on Tuesday to the arguments of Emaar land scam accused GV Vijaya Raghav’s counsel who opposed the Tender of Pardon filed by another accused, Tummala Ranga Rao.
Raghav’s counsel argued that the CBI did not arrest Tummala Ranga Rao circumventing the rigors of Section 306 (4) of CrPC. "He should be arrested till the trials are completed,’’ he said.
Under section 306 (4) of CrPC, once arrested the accused who’s granted pardon, will continue to be behind the bars till completion of the trial. Judge B Nagamaruti Sarma said pardon could be granted either before or after filing a charge sheet and asserted that the CBI court had the power to grant pardon. What needs to be made clear is as to what extent Ranga Rao’s 164 statements would be useful to the prosecution,’’ the judge said.
Raghav’s counsel argued as to why the investigating agency was showing special liking for Ranga Rao of Stylish Homes and why it required his evidence when there was clinching evidence in the form of 164 statements made by villa plot buyers.
Ranga Rao’s counsel, however, contended that the petition was to prevent failure of justice. And the crime left no clues and traces. The object of the petition is not to judge extent of culpability of the petitioner but to prevent other accused from escaping punishment,’’ he argued.The judge posted the case to April 26 for orders.