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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