Mumbai: In a notable decision, the Bombay High Court has ruled that the imprisonment of a 30-year-old in 41 different cases, resulting in an 83-year sentence, would be a "travesty of justice" and a "miscarriage of justice." Interestingly, the individual was not represented by any advocate in 38 of these cases, despite pleading guilty.
A division bench comprising Justices Revati Mohite-Dere and Gauri Godse made this observation on July 17, stating, "The sentence is greater than what a life convict would face for murder. Allowing this would undoubtedly be a travesty of justice. Recognising this reality, we cannot allow this miscarriage of justice to occur."
Petitioner had requested the setting aside of the total fine
The High Court (HC) heard a petition filed by Aslam Shaikh, 30, seeking concurrent sentences in 41 cases to avoid a cumulative sentence of 83 years. Additionally, Shaikh requested the setting aside of the total fine amount of Rs 1,26,400 imposed in these cases.
Shaikh has been in jail since December 2014 and has been convicted for multiple theft offenses. He is presently incarcerated at Yerawada Central Prison in Pune. The trial courts had ordered his sentences to run consecutively as they did not specify that the sentences should be concurrent with his previous convictions.
The judges emphasized that courts exist to administer justice and pointed out that none of the trial courts considered the sentencing policy of deterrence and reformation. They stated, "The sentencing policy of criminal jurisprudence mandates courts to pass sentences that achieve the twin objectives of deterrence and reformation."
The bench further emphasized the importance of maintaining a proper balance between deterrent and reformative objectives in sentencing. The deterrent effect aims to prevent the convict from committing similar offenses, while the sentence should also provide an opportunity for reformation, depending on the nature of the offense.
Additional 10 years of imprisonment for default
The bench also noted that Shaikh is unable to pay the fine amount, which would result in an additional 10 years of imprisonment for default. This would essentially mean a life sentence with no hope of release. Recognizing the disparity and potential miscarriage of justice, the HC expressed its concern.
Quoting former Chief Justice of the United States of America, Earl Warren, the bench stated, "It is the spirit and not the form of law that keeps justice alive." It also referenced author William Scott Downey, saying, "Law without justice is a wound without a cure."
In an effort to rectify the situation, the bench has directed Shaikh's release, taking into account the period he has already spent in prison, which exceeds nine years.
Shaikh, an illiterate individual, pleaded guilty in all 41 cases, believing that he would be released based on the time already served in jail. The bench considered his plea and highlighted that at the time of his arrest, he was only 21 years old and his family was dependent on him. Additionally, legal aid was not provided in 38 out of the 41 cases. Shaikh had appealed to the trial courts for leniency due to his impoverished background and his family's dependence on him, but his pleas were disregarded.
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