Legal Analysis: Milind S/o Ashruba Dhanve & Ors vs. State of Maharashtra

Citation: 2026 INSC 355
Court: Supreme Court of India
Bench: Justice J.K. Maheshwari (Division Bench)
Date of Decision: April 10, 2026
Nature of Judgment: Criminal Appeal under Article 136 against concurrent conviction under Sections 323 and 324 IPC.

Synopsis of the Judgment

The appellants, convicted under Sections 323 and 324 IPC and sentenced only to fine (no imprisonment), sought benefit of the Probation of Offenders Act, 1958. The State objected, arguing that Section 4 of the 1958 Act applies only when imprisonment is awarded, not fine alone. The Supreme Court held that “punishment” under Section 53 IPC and Section 4 BNS includes fine; therefore, Section 4 of the 1958 Act is applicable even where the sentence is only fine. The Court granted probation to three appellants (Section 4) and admonition to one (Section 3), with supervision conditions, and clarified that such release removes disqualification attaching to conviction under Section 12 of the 1958 Act.

1. Basic Information of the Judgment

Field Details Case Title Milind S/o Ashruba Dhanve & Ors. vs. State of Maharashtra Criminal Appeal No.Arising out of SLP(Crl.) No. 6843/2024 Bench Justice J.K. Maheshwari (Division Bench) Date of Decision April 10, 2026 Citation 2026 INSC 355 Appeal From High Court of Bombay, Aurangabad Bench, dated 26.02.2024 in Criminal Appeal No. 506/2023

2. Legal Framework

Laws Involved:

• Indian Penal Code, 1860: Sections 323 (voluntarily causing hurt), 324 (hurt by dangerous weapon), 34 (common intention), 53 (punishments – includes fine).

• Bhartiya Nyaya Sanhita, 2023: Section 4 (punishments – includes fine and community service).

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