Supreme Court of India · 2008-02-14
Ramesh Dass vs Raghu Nath And Ors
- Citation / case number
- AIR 2008 SUPREME COURT 1298
- Court
- Supreme Court of India
- Petitioner
- Ramesh Dass
- Respondent
- Raghu Nath And Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, P. Sathasivam
Judgment text excerpt
The Supreme Court held that the application of Section 360 of the Code of Criminal Procedure, 1973 is inappropriate where the Probation of Offenders Act, 1958 is applicable, as it leads to illegality and undesirable consequences. The Court emphasized that life imprisonment is prescribed for offences under Section 326 IPC, thus reinforcing the inapplicability of probation in such cases. The High Court's decision to release the accused on probation was set aside, and the original sentences were reinstated, ensuring justice for the injured parties.