amicably resolved. However, counsel for respondent no.1 submitted that
the minimum sentence provided by the statute under Section 397 is 7 years ... Vikram Das2 opining that the courts cannot impose less than the minimum
sentence prescribed by the statute. He thus seeks continuing detention of
the appellants
laying down the
minimum sentence (not less than) and it can also lay down the
maximum sentence. If the minimum is laid down, the
sentencing ... sentencing court by laying down the mini-
mum sentence (not less than) and it can also lay down the
maximum sentence. If the minimum
petitioners on the ground that the Excise
Act carries a minimum sentence of 3 months and fine of
Rs.500/- though ... less than minimum
sentence and consequently set-aside the order of the High
Court reducing the sentence to less than the minimum sentence
therefore, be accepted that
only the minimum sentence is imposable and not
the maximum sentence. Merely because minimum
sentence is provided that does not mean ... laying down the minimum sentence (not less than) and it
can also lay down the maximum sentence. If the minimum is laid
down, the sentencing
therefore, be
accepted that only the minimum sentence is imposable and
not the maximum sentence. Merely because minimum
sentence is provided that does not mean ... minimum is laid down, the sentencing judge has no option
but to give a sentence not less than that sentence provided
for. Therefore, the words
death and any lower sentence; (ii) offences
punishable with life imprisonment and any lower sentence and,(iii) offences
punishable with minimum sentence is not less ... court by laying down minimum sentence (not
less than) and it can also lay down maximum sentence. If minimum is laid down,
sentencing Judge
sentence. It is also held that the
provisions of Article 142 of the Constitution cannot be
resorted to, to impose sentence less than the minimum ... lower sentence or not award a sentence of imprisonment.
Such discretion includes the discretion not to send the
accused to prison. Minimum sentence means
laying down the minimum sentence (not less
than) and it can also lay down the maximum
sentence. If the minimum is laid down, the sentencing ... laying down the minimum
sentence (not less than) and it can also lay down
the maximum sentence. If the minimum is laid
down, the sentencing
collective conscience of the
people. If it has mandated a minimum sentence for
certain offences, the Government being its
delegate, cannot interfere with the same ... sentence less than the minimum,
even if there are special reasons for doing so. The legislature fixed
the minimum sentence of imprisonment of one year
therefore, be accepted
that only the minimum sentence is imposable and not the
maximum sentence. Merely because minimum sentence is
provided that does not mean ... decide what
sentence should be imposed given the range available.
Undoubtedly, the legislature can bind the sentencing court
by laying down the minimum sentence
