The Bombay High Court has granted the release of a 30-year-old man who had been convicted in 41 theft cases and sentenced to over 83 years in prison. The court observed that the trial courts had failed to order concurrent sentences, leading to an unjust and excessively long imprisonment for the man.
A division bench comprising Justice Revati Mohite-Dere and Justice Gauri Godse noted that subjecting the man to such a lengthy imprisonment would be a travesty of justice. The court emphasized that if the petitioner were to serve the sentences in all the cases, it would amount to approximately 83 years and 3 months in prison. Additionally, non-payment of the fine imposed would result in an additional imprisonment of 10 years and 1 month, totalling a staggering 93 years and 5 months.
The convict, Aslam Shaikh, filed a writ petition seeking concurrent sentencing in the 41 cases and the setting aside of the imposed fine. He argued that he had been falsely implicated and pleaded guilty due to financial constraints and a belief that he would be released for the time already served as an undertrial prisoner.
The High Court highlighted that the sentences had been awarded by different courts without considering the option of concurrent sentencing under Section 427(1) of the Criminal Procedure Code. The courts also failed to take into account Shaikh's financial condition and the fact that he was a juvenile during some of the alleged offences. Moreover, Shaikh was not provided legal aid for any of the cases.
The court acknowledged that some of the cases may have resulted in acquittal had Shaikh pleaded not guilty and emphasized the duty of the magistrates to ensure that the sentences were proportionate to the evidence on record. The cumulative sentence of over 90 years for theft was deemed grossly disproportionate and a serious miscarriage of justice.
Quoting former US Chief Justice Earl Warren, the court emphasized that it is the spirit and not just the form of the law that upholds justice. It also noted that law without justice is akin to a wound without a cure, quoting author William Scott Downey.
In light of these considerations, the Bombay High Court ordered Shaikh's release on the sentence he had already served, unless he is required in any other case. The court rectified the excessive sentence to prevent a miscarriage of justice and ensure a proper balance between deterrence and reformation in sentencing policies.
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