GURBACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN Jaswant Rai v. The State of Punjab Cr. A 1300 of 1973 decided on 4th January, 1978, a learned Single Judge of this Court, upholding the conviction of the accused under Section 5(2) of the Prevention of Corruption Act, 1947, allowed him the benefit of Section 360 of the Code of Criminal Procedure, 1973, (hereinafter referred as the new Code), and directed his release on probation for a particular period on his furnishing a surety bond to be of good behaviour and maintain peace. This judgment was followed by two other learned Single Judges of this Court sitting singly in Suraj Parkash v. The State of Punjab Cr. A 720 of 1975 decided on 22nd February, 1979, and Amin Chand v. The State (Union Territory, Chandigarh) Cr. A 1611 of 1975 decided on 19th April, 1979. In the case in hand, D. S. Tewatia, J. affirmed the order of conviction of Gurbachan Singh Appellant under Section 5(2) of the Prevention of Corruption Act, 1947, on merits. The learned Counsel for the Appellant citing the above referred three judgments of this Court as precedents craved for the release of the Appellant on probation by invoking the provisions of Section 360 of the new Code. D. S. Tewatia. J. did not agree with the view expressed by the learned Judges of this Court in the three above referred appeals, as Section 18 of the Probation of Offenders Act, 1958 excluded Section 5(2) of the Prevention of Corruption Act from the operation of this Act. Because of this disagreement, D. S. Tewatia, J. referred this case to a larger Bench for a decision whether Section 360 of the new Code is applicable to the cases under Section 5(2) of the Prevention of Corruption Act. This is how this matter has come before this Bench.

(2.) A contrary view was expressed by Gurnam Singh, J. in Bansi Dhar v. The State of Haryana Cr. A 503 of 1976 decided on 21st August, 1979, and it was observed in that judgment:

(3.) SECTION 18 of the Probation of Offenders Act is very clear and unambiguous to exclude the application of this Act to the cases under Section 5(2) of the Prevention of Corruption Act.