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Supreme Court of India 2018-09-20 allowed

Sharad Hiru Kolambe vs State of Maharashtra and others

Bench: 2 — Uday Umesh Lalit

In Brief

The appellant was convicted of multiple offences under the Indian Penal Code and Maharashtra Control of Organised Crime Act and sentenced to substantive imprisonment plus default sentences for non-payment of fine. The core issue was whether default sentences could run concurrently with each other or with the substantive sentence. The Supreme Court held that default sentences cannot run concurrently inter se, as this would undermine the deterrent effect of mandatory minimum fines. However, the Court recognized discretion to reduce default sentences based on the offender's financial circumstances. The Court reduced the aggregate default sentence from ten years to three years and four months while maintaining the quantum of fines.",

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Criminal Law Sentencing Default Sentence Fine Indian Penal Code Maharashtra Control of Organised Crime Act Criminal Procedure Code

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