2021 (1) TMI 1278 - SC - Indian Laws
Seeking continuing detention of the Appellants to serve out the remaining sentence - Minimum duration of imprisonment - imposition of punishment less than the minimum sentence prescribed by the statute - benefit of probation under Prevention of Corruption Act, 1947 - HELD THAT:- The facts of the present case are that the Appellants have not served out the minimum sentence of 7 years though they have served about half the sentences. They were aged under 19 & 21 years of age as on the date of offence but not on the date of sentence. The redeeming feature in their case is that the person who suffered, appears to have forgiven them, possibly with the passage of time. There is no adverse report against them about their conduct in jail otherwise the same would have been brought to our notice by learned Counsel for the State. Faced with the aforesaid legal position, this is a fit case that the benefit of probation can be extended to the Appellants under the said act in view of the provisions of Section 4 of the said Act on completion of half the sentence.
The Appellants are released on probation of good conduct Under Section 4 of the said Act on their completion of half the sentence and on their entering into a bond with two sureties each to ensure that they maintain peace and good behaviour for the remaining part of their sentence, failing which they can be called upon to serve that part of the sentence.
Appeal disposed off.