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State of Madhya Pradesh - Section

Section 259 in Criminal Courts - Rules and Orders

259. The determination of the sentence to follow conviction is a matter which is difficult, often more difficult than the decision whether there shall be a conviction. The imposition of sentences in a routine manner is to be strongly deprecated. The discretion granted to the Courts both as to the amount of the punishment and the kind of punishment is extremely wide and it is incumbent on the Courts to exercise this discretion wisely. The imposition of an exceptionally severe sentence when a mild sentence or even release after admonition suffices, and the imposition of a mild sentence when the circumstances call for severe or even the maximum sentence are equal weaknesses. Presiding officer should note that this discretion is the awarding of sentences is a matter which weighs heavily in evaluating their capabilities.