KIRPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Mr. R. S. Sodhi, learned counsel contended that the petitioner was sentenced to the period already undergone by the trial court on an understanding that the court would pass such a sentence. Learned counsel submits that the practice of plea-bargaining was adopted in the trial court for that purpose and therefore it was not open to the trial court to enhance the sentence to rigorous imprisonment for 7 years.

(2.) Learned counsel in support of the said contention invited our attention to the decision of this court in Thippaswamy v. State of Karnataka. That is a case where the conviction was passed under Section 304-A Indian Penal Code and the trial court awarded a fine sentence of Rs 1,000. 00 which on appeal by the State was enhanced to rigorous imprisonment for one year by the High court. This court pointed out that in a case where there was plea-bargain it was not open to the High court to unilaterally enhance the sentence and if the High court felt that the sentence awarded by the trial court was disproportionately low the course which should have been adopted was to remit the case back to the trial court for fresh trial.

(3.) But in this case the situation is different. The offence found against the appellant is under Section 392 of the Indian Penal Code for which the maximum punishment impossible is 14 years and perhaps on the facts of this case the maximum punishment is imprisonment for 10 years. But Section 392 Indian Penal Code has to be read with Section 397 in certain cases as the section bridles the powers of the court regarding the extent of sentence. The court cannot award a sentence less than 7 years of imprisonment when in a particular case Section 397 is to be read along with Section 392 of the Indian Penal Code.