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Supreme Court of India 2019-11-04 allowed

State of Madhya Pradesh vs Man Singh

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The State of Madhya Pradesh appealed against a High Court order granting probation to Man Singh, who was convicted of forgery (falsifying a transfer certificate to secure employment). The Supreme Court held that the High Court lacked authority to grant probation without following statutory procedures under the Probation of Offenders Act, particularly the requirement to obtain a probation officer's report. The Court further held that even with probation granted, an accused cannot retain employment obtained through forged documents. The Court also found that the High Court's direction that the sentence served would not affect the accused's service career was without legal authority. The appeal was allowed.

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Criminal Procedure Probation of Offenders Forgery High Court Powers Sentence

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