Shyam Lal Verma V/s Central Bureau of Investigation

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2013-01-21
Case No: 171 of 2013
Case Type: Appeal (Criminal)
Judge Name: P.Sathasivam & Jadish Singh Khehar
Subject: Criminal Law-Corruption
Statutes / Acts: Prevention of Corruption Act, 1988
Section: u/s.477A IPC r/w s.13 (1) (c) and 13 (2) of the Prevention of Corruption Act
Bench Strength: Double Bench
Case Note / Description :

Held: Since s.7 as well as s.13 of the Prevention of Corruption Act provide for a minimum sentence of six months and one year respectively in addition to the maximum sentences as well as imposition of fine, claim for grant of relief under the Probation of Offenders Act is not permissible - In cases where a specific provision prescribes a minimum sentence, the provisions of the Probation Act cannot be invoked - No valid ground to interfere with the impugned order of the High Court - Appellant to surrender and to undergo remaining period of sentence - Probation of Offenders Act, 1958 - Penal Code, 1860 - s.477A. State Through SP, New Delhi v. Ratan lal Arora 2004 (4) SCC 590: 2004 (1) Suppl. SCR 631 and State Represented by Inspector of Police, Pudukottai T.N. v. A. Parthiban 2006 (11) SCC 473: 2006 (7) Suppl. SCR 35 - relied on. Case Law Reference 2004 (1) Suppl. SCR 631 relied on Para 8 2006 (7) Suppl. SCR 35 relied on Para 8. 

 
 
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