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2019 Supreme(SC) 1224

DEEPAK GUPTA, ANIRUDDHA BOSE
STATE OF MADHYA PRADESH – Appellant
Versus
MAN SINGH – Respondent


Advocates Appeared:
For the Appellant :Sunil Fernandes, AAG Nupur Kumar, Zeeshan Diwan, Priyansha Indra Sharma, Harsh Parashar, Advocates
For the Respondent:Rani Chhabra, Advocate

JUDGMENT

Deepak Gupta, J.

Whether a Judge of the High Court can exercise powers under Section 482 of the Code of Criminal Procedure, 1973 (for short 'CrPC') to alter the sentence which has been passed by the High Court itself is the issue involved in this appeal.

2. The respondent, Man Singh was prosecuted for having committed offences punishable under Sections 468, 471 and 419 of Indian Penal Code, 1860 (for short IPC). The allegation against him was that he had used a transfer certificate of one Kalu Singh and forged the certificate to show that it bore his name and date of birth. Using this certificate, he had procured appointment to the post of Buffalo Attendant in the Veterinary Department. The trial court convicted the accused for the offences punishable under Sections 468, 471 and 419 IPC. On the issue of sentence, it was specifically urged before the trial court that benefit of Probation of Offenders Act, 1958 (for short 'the Act') may be given to the respondent, Man Singh. The trial court came to the conclusion that the accused had got service on the basis of forged documents depriving a deserving unemployed person of getting such employment and, therefore, according to the t

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