isolated instance where
minimum sentence and minimum fine have been prescribed by the
Legislature. By prescribing the minimum sentence and minimum fine,
the Legislature - keeping ... sentence) "Though there is power to
combine a sentence of death with a sentence of fine that power is
sparingly exercised because the sentence
though there is a minimum fine of Rs.1 Lakh imposed, there is no
minimum default sentence provided for the non-payment of the
fine ... dated 14.09.2016 and whilst upholding the
minimum fine imposed vide the impugned judgment dated 14.09.2016
and minimum sentence imposed vide the impugned order on sentence
than
the minimum prescribed under the Act. It is a settled principle of law that
where a statute prescribes a mandatory minimum sentence, the courts ... minimum was imposed, is wholly distinguishable and inapplicable
to the facts of the present case.
48. The legislative intent behind prescribing a minimum sentence
Section 398
IPC, to state the same provides for a minimum sentence of 7 years and thus,
the release of the appellant on probation would ... while dealing with Section 397 IPC providing for a
minimum sentence of 7 year, observed as under:-
"xxx
14. The legal position insofar
statute
provides for sentence up to life imprisonment with minimum sentence of 10
Crl.(A) No. 5 of 2000 & connected matters Page ... judicial discretion in the choice of sentence between
life imprisonment and minimum sentence of 10 years is based on several
factors.
5. There is judicial
sentence 'till
rising of the Court' as the minimum sentence prescribed in the law is
three months. The grounds of challenge in appeal ... sentence observing that it was a
case of food adulteration and there was no special circumstance
warranting reducing the sentence below the minimum, especially
when
that the Trial Court
fell into error in not awarding the minimum sentence, for attempted rape. It was submitted
that having regard to the provisions ... lighter sentence. The learned APP submitted that while the Court could have given a sentence
which was lighter than the minimum prescribed, the reasons
Magistrate thought it expedient to take such action. Fixation of minimum sentence, it was observed, was not in conflict with the provisions of Probation ... intention of the legislature as revealed by the prescription of the minimum sentence for those found guilty of various offences under the prevention of Food
convicted. Considering it was a commercial quantity of heroin, the
minimum sentence that would be visited on the petitioner would be 10
years ... grant bail even prior to
having undergone half of the minimum sentence. The
Hon'ble Supreme Court further in para 16 has also
indicated
cannot invoke section 397 , IPC to fix him up in
the minimum sentence of seven years. ... ....."
10. In another case reported ... does not
create any substantive offence and it simply prescribes a
minimum sentence for the offence of robbery under the
aggravating circumstances mentioned therein. While
