The Bombay High Court has ordered an immediate release of a man who is behind bars for almost a decade and has been sentenced to undergo 93 years of imprisonment in 41 theft cases using the words "a travesty of justice.
The bench of Justices Revati Mohite Dere and Gauri Godse observed that for a theft case, the sentence is 3 years and if he is made to undergo sentence consecutively, he would remain behind bars for 83 years and since he is not in a position to pay the cumulative fine of Rs. 1.20 Lakh, he would further undergo ten years imprisonment. This would make the entire period of imprisonment 93 years and 5 months. This would be his entire life, with no hope whatsoever, to even be free from jail."
The bench observed that "A sentence, more than what a life convict would have to undergo for murder..this would certainly lead to the travesty of justice we cannot permit this."
The petitioner Aslam Shaikh had sought orders to direct that the sentences given by different courts should run concurrently He also sought to set aside the total fine. In each case, he has been sentenced from one year's RI to 3 years. When he was 21 years old, he was booked for 38 theft cases in various places in Pune, some with the same police station. In three cases, he was a minor. He could not afford a lawyer and pleaded guilty in all 41 cases.
The judgment of the HC said. "Courts exist to do justice and this is one such case, that begs our interference.
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