Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | to alter the sentence passed by the High Court itself Power of High Court u/s. 482 CrPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s.482 – Power of High Court u/s. 482 CrPC to alter the sentence passed by the High Court itself – Respondent was prosecuted for committing offences punishable u/ss. 468, 471 & 419 of IPC – It was alleged that respondent forged a certificate and procured appointment to the post of Buffalo attendant in the veterinary department – Trial Court convicted respondent u/ss. 468, 471 & 419 IPC and sentenced him to undergo rigorous imprisonment for one year – On the issue of sentence, the respondent urged the benefit of probation of offenders Act, 1958, however, same was declined by the Trial court – Appeal was dismissed by the Appellate Court – In criminal revision, High Court affirmed the conviction but reduced the substantive sentence from one year to the period already undergone – Respondent filed the petition u/s. 482 CrPC – High Court extended the benefit of Probation Act and directed that sentence which accused has already undergone, would not affect his career – On appeal, held: There is no power to review granted to the Courts under CrPC – As soon as the High Court had disposed of the original revision petition, upheld the conviction, reduced the sentence to the period already undergone, it became functus officio and, as such, it could not have entertained the petition u/s. 482 CrPC for altering the sentence – After sentence had been imposed and served and fine paid, there was no question of granting probation – Further, there was violation of the provisions of s.4 of the Probation Act, which mandates that before passing the order of probation, it is essential to obtain report of the probation officer concerned – Also, High Court had no jurisdiction to pass an order that the employee be retained in service, as it is settled that grant of probation under the Act does not have bearing so far as the service of such employee is concerned – The employee cannot claim a right to continue in service on the ground he was released on probation – Thus, order of the High Court set aside – Probation of Offenders Act, 1958 – s.4. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2019 INSC 1201 |
Petitioner | State Of Madhya Pradesh |
Respondent | Man Singh |
SCR | [2019] 13 S.C.R. 570 |
Judgement Date | 2019-11-04 |
Case Number | 410 |
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