JAGJEEVAN PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was charge-sheeted for the offences under Section 5 (2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as "the PC Act, 1947") and Section 161 of the Indian Penal Code. The trial court acquitted him. But when the State filed an appeal in challenge of the order of acquittal the High Court of Madhya Pradesh set aside the order of acquittal and convicted him under both counts. Regarding Section 161 of the Indian Penal Code he was sentenced to pay a fine of Rs 500 and regarding Section 5 (2) of the PC Act, 1947 he was sentenced to imprisonment till rising of the court and a fine of Rs 500. He has filed this appeal by special leave.

(3.) When the special leave petition was heard we noticed that the High Court has not passed the sentence in accordance with law since Section 5 (2) of the PC Act, 1947 prescribes that the sentence shall not be less than imprisonment for one year, though the proviso empowers the court to impose a sentence of imprisonment less than one year "for any special reason recorded in writing". The only reason shown is that the appellant has already retired from service. For imposing a flee of sentence of imprisonment till the rising of the court we issued notice to the appellant to show cause why the sentence shall not be enhanced to imprisonment for at least the minimum period prescribed under law, if the conviction is liable to be upheld.