Ramraj Prasad & Another vs The State Of Jharkhand
2021 Latest Caselaw 3042 Jhar

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                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                             Cr. Revision No. 407 of 2012

                     Ramraj Prasad & Another                 ...   ...    Petitioners
                                         Versus
                     The State of Jharkhand           ...      ...        Opp. Party
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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Through: Video Conferencing

06/23.08.2021

1. Heard Ms. Gouri Devi, learned counsel appearing on behalf of the petitioners.

2. Heard Mr. Shekhar Sinha, learned counsel appearing on behalf of the opposite party-State assisted by Mr. Sunil Kumar Dubey, Advocate.

3. When the matter is taken up today, the learned counsel for the petitioners, in furtherance of her arguments, has referred to a recent judgment of the Hon'ble Supreme Court passed in Cr. Appeal No. 47-48 of 2021 in the case of Lakhvir Singh ETC. vs. State of Punjab decided on 19.01.2021. She submits that as per the ratio of this judgment, even when a mandatory minimum sentence has been prescribed under the statute, there is no bar in giving benefit of Probation of Offenders Act, 1958. She submits that in the present case, minimum sentence as prescribed under the Act has been given to the petitioners, but the provision of Probation of Offenders Act, 1958 may be considered and the benefit of the same may be extended to the petitioners to secure the ends of justice.

4. Learned counsel appearing on behalf of the opposite party-State, on the other hand, has submitted that the Probation of Offenders Act was enacted in the year 1958 and in the aforesaid judgment, the Hon'ble Supreme Court, in the context of Prevention of Corruption Act, 1947, has held that the Probation of Offenders Act, 1958 had come subsequently and

therefore the accused was given the benefits under the provisions of Probation of Offenders Act, 1958 . He also submits that the punishment under Section 47 of the Bihar Excise Act, 1915 was substituted vide Section 11 of Act 6 of 1985, which came into force after coming into force of Probation of Offenders Act, 1958 and in Section 47 of the Excise Act, which is a special Act , the minimum sentence for the first offence has been prescribed to be not less than three months and fine not less than Rs. 500/-. The learned counsel submits that the said amendment under Section 47 of the Act being subsequent to come into force of Probation of Offenders Act, 1958, the mandate of law with regard to minimum sentence is required to be given effect to.The learned counsel submits that in this view of the matter, the aforesaid judgment passed by the Hon'ble Supreme Court does not help the petitioners in any manner. Accordingly, he submits that the sentence may not be modified.

5. Arguments have been concluded.

6. Judgment is reserved.

(Anubha Rawat Choudhary, J.) Mukul