https://www.taxtmi.com/caselaws?id=274082 A special anti-corruption statute excluded the benefit of probation under the Jammu & Kashmir Probation of Offenders Act, because the saving clause expressly carved out convictions under section 5(2) of the corruption law. Probation was therefore unavailable, and the High Court's grant of probation could not stand. On sentencing, the statute prescribed a minimum term of imprisonment, reducible below that floor only for special reasons recorded in writing. The Court treated superannuation, trial delay, payment of the amount, and family circumstances as insufficient by themselves, but on the totality of circumstances reduced the imprisonment to six months and also reduced the fine within the statutory framework. en-us Tue, 16 Jan 2001 00:00:00 +0530 Fri, 27 Jul 2018 11:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=274082 A special anti-corruption statute excluded the benefit of probation under the Jammu & Kashmir Probation of Offenders Act, because the saving clause expressly carved out convictions under section 5(2) of the corruption law. Probation was therefore unavailable, and the High Court's grant of probation could not stand. On sentencing, the statute prescribed a minimum term of imprisonment, reducible below that floor only for special reasons recorded in writing. The Court treated superannuation, trial delay, payment of the amount, and family circumstances as insufficient by themselves, but on the totality of circumstances reduced the imprisonment to six months and also reduced the fine within the statutory framework. Case-Laws Indian Laws Tue, 16 Jan 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=274082