Supreme Court · 2016 INSC 1066 · Decided 28 November 2016
MOHD. Hashim v. State of Up & ORS.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 1066 · [2016] 9 S.C.R. 953
- Case number
- CRIMINAL APPEAL No. 1218/2016
- Decided
- 28 November 2016
- Bench
- DIPAK MISRA, AMITAVA ROY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 323, 498
Headnote
Probation of Offenders Act, 1958 - s.4 - Powers of Court to release certain offenders on probation of good conduct - Extension of such benefit, only when offences under which conviction is done does not prescribe for minimum sentence - Held: Minimum sentence means a sentence which must be imposed if the legislation prescribes a minimum sentence but grants discretion, the Courts, for reasons to be recorded in writing, may mvard a lower sen~ence or not award a sentence of imprisonment - A provision that gives discretion to the · Court not to award minimum sentence cannot be
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