AIR 2017 SUPREME COURT 3948 ::AIR 2017 SC( Cri) 1475 ::(2017) 2 Orissa LR 817 ::(2017) 242 DLT 79 ::(2017) 3 DLT(CRL) 879 ::(2017) 3 CurCriR 371 ::(2017) 3 AllCriR 2474 ::(2017) 4 Pat LJR 53 ::(2017) 4 Mad LJ(Cri) 62 ::2017 (15) SCC 67 ::2018 (1) SCC (Cri) 401 ::(2017) 3 RecCriR 996 ::(2017) 9 Scale 24 ::(2017) 4 AllCriLR 275 ::2017 CalCriLR 3 319 ::(2017) 5 Gau LT 1 ::(2017) 4 JLJR 37 ::(2017) 4 Ker LJ 8 ::(2017) 4 Ker LT 284 ::(2017) 68 OCR 1 ::(2018) 2 Crimes 62 ::(2017) 3 UC 1756 ::(2017) 178 AllIndCas 75 (SC) ::(2017) 101 AllCriC 287

Supreme Court Of India

(From : Gauhati)

Hon'ble Judge(s): Madan B. Lokur, Prafulla C. Pant, Deepak Gupta , JJJ

(A) Criminal P.C. (2 of 1974) , S.167(2)(i) Proviso(a)— Default bail - Grant of - Words 'not less than' occurring in Clause (i) to proviso (a) of S. 167(2) - Relates to an offence punishable with a minimum of 10 years' imprisonment - Accused charged for offence under S. 13(1) of P.C. Act punishable with imprisonment which may extend to 10 years i.e. minimum sentence is less than 10 years - Non-submission of charge-sheet within statutory period of 60 days - Accused entitled to be released on bail. Prevention of Corruption Act (49 of 1988) , S.13(1)— While it is true that merely because a minimum sentence is provided for in statute it does not mean only minimum sentence is imposable. Equally, there is also nothing to suggest that only maximum sentence is imposable. Either punishment can be imposed and even something in between. Where does one strike a balance? It was held that it is eventually for court to decide what sentence should be imposed given range available. Undoubtedly, the Legislature can bind sentencing court by laying down minimum sentence (not less than) and it can also lay down maximum sentence. If minimum is laid down, sentencing Judge has no option but to give a sentence 'not less than' that sentence provided for. Therefore, words 'not less than' occurring in Clause (i) to proviso (a) of S. 167(2) of the Cr. P. C. (and in other ....