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Harbans Singh v. State of Punjab

Dismissed
Court
Supreme Court of India
Decided
25 July 1984
Bench
A. Varadarajan
Result
Petition dismissed.

Headnote

The Prevention of Corruption Act, 1947. 9 Section 5 (2).

Court to record in writing 'special reasons' when awarding less than the minilnum sentence-High Court reducing sentenC'e irnposed by trial court to ser1tence already undergone-Whether valid and legal.

Section 5 (2) of the Prevention of Corruption Act 1947 prescribes a minimum sentence and discretion is conferred on the Court to give less than the minimnm for any 'special reasons' to be recorded in writing .. [109B]

What constitute 'special reasons' for the purpose of Section 5 (2) was laid down in Meet Singh v. State of Pun/ab, [1980] 2 S.C.R 1152. [109B]

In the instant case1 the High Court for reasons·:utter\} untenable inter-fered with the sentence imposed by the trial court and reduced it to the sen-teni;e already undergone. It erred in sho\Ying a misplaced sympathy unsustain-able in law. [214H; 215A)

Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.

Judgment

DrsAI, J. We are not inclined to grant special leave, but we make this short speaking order in order to keep the record straight that the dismissal of the special leave petition does not tentamount to affirmance of the order of the learned Judge of the High Court ,who for reasons utterly untenable interfered with teh

tiARBAN} SlNGl(v. l' J .~JAB :coisai, i.) 21.5 scm'til\:e imposed by the trial court and reduced it to sentence already undergone which in the facts and circumstanc'es of the case was wholly impermissible.

In Meet Singil v. State of Punjab,(1 \ this Court pointed out that Sec.5(2) of the Prevention of Corruption Act prescribes a minimum sentence and discretion is conferred on the court to give less than the minimum for any special reasons to be recorded in writing. This Court examined what constitute special reasons for the purpose of Sec.5(2) and pointed out that the reasons which weighed with the learned Judge in reducing the sentence to the sentence undergone could not be special reasons. .Therefore, in our view, the learned Judge was entirely in errnr in sho-wing a misplaced sympathy unsustainable in law. With these obser-vations wo:: reject the special leave p ~tition .

Case details

Arising from

CRIMINAL APPEALLATB JURISDICTION : Special Leave Petition (Criminal) No. 1481 of 1984.

From the Judgment and Order dated the 23rd January, 1984 of the Punjab and Haryana High Court in Cr!. Appeal No. 45 of 1983.

Appearances

Harbans Lal and Balmokand Goyal for the Petitioner.

Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.