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2009 Supreme(Bom) 56

SWATANTER KUMAR, V.K.TAHILRAMANI, S.A.BOBDE
Satnam Singh Puransing Gill – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared: For the Applicant:Yug Mohit Chaudhary, Advocate. For the Respondent: Smt. Prajakta P. Shinde along with Smt. A.S. Pai, APPs.

Judgment :-

Swatanter Kumar, C.J.


Sentencing is one of the most important facet of administration of criminal justice system. Apart from statutory restrictions, an appropriate sentence is a matter for the discretion of the sentencing judge. The decisions of the Courts on points of substantive law are binding on the Court itself and the Courts subordinate thereto. However, decisions on sentencing are no more than examples of how the Court has dealt with a particular offender in relation to a particular offence. In the modern times, criminal jurisprudence has developed to some extent except the principles of uniformity of sentence for a particular category of crime. But they are not authoritative in a strict sense. Limitation or curtailment of sentencing may be regulated by legislative provisions and other modes of fettering discretion in awarding of punishment may also result from principles stated by judicial pronouncement. In English and American Law, the component of justice model is the constriction of judicial discretion by the promulgation of standards with which the judge must substantially comply. The main three strategies are : (a) the enactment directly by legislature of a






















































































































































































































































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