JUDGMENT :-

Per Smt. Ranjana Prakash Desai, J.

(A) Penal Code, 1860, Sections 120-B/420 and 420-Prevention of Corruption Act, 1988, Section 13(1)(d) read with Section 13(2)-Conviction and sentence-Accused 'S' who died was convicted under P.C. Act-His co-accused not convicted for offence under Act of 1988-High Court could not have confirmed non-existent conviction of co-accused persons under the P.C. Act. [Para 6]

(B) Probation of Offenders Act, 1958, Section 4(1)-Criminal Procedure Code, 1973, Section 360-Penal Code, 1860, Sections 120-B/420 and 420-Accused persons convicted under Sections 120-B/420 and 420, IPC Remained in custody for 20 days-High Court released the accused persons on probation of good conduct under Section 4(1) of the 1958 Act-Offence committed in 1996-Impugned judgment dated 4.5.2010-Dne accused already completed' his probation period-His surety stands discharged Order releasing the accused on probation of good conduct affirmed Appeals dismissed. [Para 9]

Per Madan B. Lokur, J. (in agreement with Ranjana Prakash Desai, J.)

(C) Criminal Jurisprudence Punishment-Should be rehabilitative and humanizing-Need not be retributive in character-Imperative for a Judge to stri