Bombay HC frees 30-yr-old man sentenced to 83 years jail in 41 cases
Aslam Shaikh has been in jail since Dec 2014 for theft offences
The Bombay High Court has ordered the release of a 30-year-old man sentenced to around 83 years in jail in 41 cases, observing that any sentences imposed by courts must maintain a proper balance between deterrent and reformative objectives, and that it cannot permit “miscarriage of justice”.
The convict - Aslam Shaikh - has been in jail since December 2014 and convicted for offences pertaining to theft. He is presently lodged at the Yerawada prison in Pune.
All his sentences were to run consecutively as the trial courts had not specified that the sentences would run concurrently with the previous convictions and sentences.
A division bench of Justices Revati Mohite Dere and Gauri Godse in its judgment passed on July 17 on a plea filed by Shaikh said courts exist to do justice and that none of the trial courts considered the sentencing policy of deterrence and reformation.
“The sentencing policy of criminal jurisprudence mandates courts to pass such sentences as would meet its primary twin objects of deterrence and re-formation,” the high court said.
The deterrent effect of a sentence is to prevent commission of a similar offence by the convict, it added.
“The sentence of imprisonment should also have a reformative aim, in as much as, it should not demoralise the offender and in fact, the offender should be given an opportunity depending on the nature of the offence to improve himself,” the HC said.
“Thus, any sentence imposed by any courts must maintain a proper balance between the deterrent and reformative objects of a sentencing policy and must ensure that the said object is sufficiently met,” it said.
Shaikh in his plea filed through jail had sought for the imprisonment sentences imposed on him by different courts in 41 cases run concurrently. Shaikh has been convicted to imprisonment ranging from six months to three years in the cases.
The high court noted that if Shaikh has to undergo imprisonment in all the cases consecutively then he would be compelled to undergo imprisonment of around 83 years and since he is not in a position to pay the fine imposed on, he would be required to undergo imprisonment of further ten years. The bench noted that this would mean a total of 93 years - “Shaikh’s entire life, with no hope whatsoever to even come out of jail”.
“This is a sentence, more than what a life convict would have to undergo for murder. If permitted, this would certainly lead to travesty of justice. Being alive to this reality, we cannot permit this miscarriage of justice,” the HC said.
