MUMBAI:
Bombay high court
recently directed the forthwith release of a man who remained in jail despite completing his sentence because he was unable to pay
Rs 2.6 lakh fine
due to poverty.
"If he is directed to undergo the entire default sentence, he will be required to be incarcerated for a further period of nine years, which in our consideration would amount to
travesty of justice
," said Justices Bharati Dangre and
Manjusha
Deshpande on June 27.
In Feb 2019, the man was convicted by a
Kolhapur magistrate
in 14 criminal cases for house-trespass, mischief and theft. He was sentenced to two years' rigorous imprisonment and collectively imposed Rs 2.6 lakh fine with default imprisonment.
He moved high court saying his substantive sentence ended in March 2020 but continues to be in jail for undergoing nine years' default imprisonment as he cannot afford the fine. He urged reduction of the default sentence to the period served by him.
His advocate Atharva Dandekar said his client, then 24 years, has been in custody since his arrest in September 2017. "He is 30 years old now. He will be entitled for release after default imprisonment that ends in Feb 2028, after 11 years' jail," Dandekar said.
The judges noted that the man belongs to a financially weaker class of society and "that is the specific reason why he has continued to be in jail for the last four years as he has not been able to arrange the amount of fine."
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