Supreme Court of India

Mohd. Hashim v. State of Up & Ors.

Neutral citation

Reported as [2016] 9 S.C.R. 953

Bench Dipak Misra and Amitava Roy JJ.

Decided 28 November 2016

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

Resultantly, the appeal is allow:d, the judgment and qrder passed_ by the High Court and the appellate. court are-set· aside and the . matter is remitted to the appeilate c01.1rt for _disposal in accordance with law. · · · · E Divya .Pandey Appeal allowed,

Judgment, page 15

From the 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 without leaving any discretion to the court - Howeve1~ 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 - provision that gives discretion to the · Court not to

Authorities it was built on

2000 Dalbir Singh v. State of Haryana cited by 10
1974 Arvind Mohan Sinha v. Amulya Kumar Biswas & Ors. cited by 5
2004 State through S.P., New Delhi v. Ratan Lal Arora cited by 4
1978 Superintendent, Central Excise, Bangalore v. Bahubali cited by 3
2006 The State Rep. by Inspector of Police, Pudukottai, Tamilnadu v. A. Parthiban cited by 3
2013 Shyam Lal Verma v. Central Bureau of Investigation cited by 1

Where later benches applied it

2019 State of Madhya Pradesh v. Vikram Das relied on
2026 Milind S/o Ashruba Dhanve v. The State of Maharashtra referred to
2025 Dashrath v. The State of Maharashtra referred to

Of those, 1 relied on · 2 referred to

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