Bombay High Court orders release of man charged with theft in 41 cases

Bombay High Court orders release of 30-yr-old man sentenced to 90+ yrs in jail for 41 theft cases, citing "miscarriage of justice". Court noted petitioner's financial condition & inability to engage lawyer, & observed "clock must be put right" to prevent injustice. Man to be released immediately.

The Bombay High Court recently ordered the release of a 30-year-old man from Pune who was sentenced to more than 90 years in jail for 41 theft cases. It had observed that if the court did not interfere, it will result in a “miscarriage of justice”.

A Division Bench of justices Revati Mohite-dere and Gauri Godse said, “This is a glaring case warranting interference of this Court, as a protector of the fundamental right to life and personal liberty, lest there would be serious miscarriage of justice. The facts in the instant case, warrants exercise of our writ jurisdiction, as well as inherent jurisdiction, to do justice, for which the Courts exists.”

The court was hearing a criminal petition filed by Aslam Shaikh, through advocate Gazala Shaikh of the Legal Sevices Authority. Mr. Shaikh is currently lodged at Yerwada Central jail where he has been in jail since December 3, 2014.

According to the petitioner, he was falsely implicated in the said cases and being illiterate and unaware of the niceties of law. He had said that due to his financial condition he was unable to engage a lawyer and pleaded guilty in all the 41 cases, under a bonafide belief that he would be released from prison for the period already undergone by him as an undertrial prisoner.

The judgment was passed on July 17 and quoted, “Earl Warren ‘It is the spirit and not the form of law, that keeps justice alive’ and William Scott Downey, ‘Law without justice is a wound without a cure’.”

The court noted, “He was 21 years old at the relevant time when he was booked in the aforesaid 38 offences and in 3 cases, a juvenile in conflict with law. All, except 3 offences pertain to the period 2014 to 2015. It appears that the petitioner could not afford to engage a lawyer having regard to his financial condition and hence pleaded guilty in all the 41 cases registered at different police stations. Infact, even the present petition is filed through jail.”

The 22-page judgement read, “We deem it appropriate to put right the clock, to prevent miscarriage of justice, failing which the petitioner would remain incarcerated for more than 90 years, in 41 cases (total), for committing ‘theft’, with no prospect of coming out of jail anytime in the future. The actual period of imprisonment undergone by the petitioner is more than 9 years and without remission more than 11 years. The petitioner was 21-years-old and is now about 30 years of age.”