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 Crl
Appeal No 45 of 1983
Harbans Lal and Balmokand Goyal for the Petitioner
The Order of the Court was delivered by DESAI 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 215 sentence imposed by the trial court and reduced it to sentence already undergone which in the facts and circumstances of the case was wholly impermissible
In Meet Singh vs State of Punjab1 this Court pointed out that Sec
52 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
52 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 error in showing a misplaced sympathy unsustainable in law
With these observations we reject the special leave petition
NVK Petition dismissed


Summary:
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 minimum 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 vs State of Punjab  109B In the instant case the High Court for reasons utterly untenable interfered with the sentence imposed by the trial court and reduced it to the sentence already undergone
It erred in showing a misplaced sympathy unsustainable in law
214H 215A