13/03/2025
Under criminal law, the concepts of "Offer of Pardon" (Section 337, Criminal Procedure Code) and "Withdrawal from Prosecution" (Section 494, Criminal Procedure Code) serve distinct purposes. Under Section 494, withdrawal results in the acquittal or release of the accused, which can be challenged through an appeal or revision. In contrast, Section 337 allows for a pardon that turns the accused into a prosecution witness, provided they fully and truthfully disclose all known facts. If the conditions are violated, the accused can be prosecuted under Section 339. Additionally, there is a difference between release and acquittal—release does not equate to a final pardon as acquittal does (2006 CLC 489). Withdrawal is an administrative process requiring court approval, exercised cautiously to meet justice's demands and uninfluenced by external pressures (1996 SCMR 1342). Courts must use their discretion to ensure that withdrawal is made in good faith, justified by circumstances, and promotes justice, rather than being arbitrary or biased in favor of the accused (1992 SCMR 1983).
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