Man jailed beyond sentence over unpaid fine; court frees him
The Bombay High Court has mandated the release of Sikandar Kale, a 30-year-old man who was kept in prison even after completing his sentence due to an outstanding fine. The bench, comprising Justices Bharati Dangre and Manjusha Deshpande, ordered his release to "prevent the abuse of process of law," stating that "justice is not an artificial virtue, but it necessarily embraces magnanimity."
Kale's conviction and extended incarceration
Kale was found guilty in 14 criminal cases in Kolhapur in 2019, with charges including trespassing, mischief, and theft, two years after his arrest. He was sentenced to two years' imprisonment for all the cases concurrently. By the time of his conviction, Kale had served most of his sentence. However, a magistrate imposed a fine of ₹2.6 lakh and extended his jail term if he failed to deposit the amount. Kale then petitioned the high court for a sentence reduction.
Court deems extended sentence a 'travesty of justice'
The court noted that Kale should have been released in 2020 after serving his sentence. The bench stated that making him serve the entire sentence for defaulting on a fine would be a "travesty of justice." Acknowledging Kale's financial situation, the court said the fine was "not a small amount but a whopping...₹2.6 lakh." The bench said the law recognizes the principle that "mercy is reasonable in the time of affliction as clouds of rain in the time of drought."
Court's concern over 9-year term for unpaid fine
The bench also expressed apprehension about Kale's possible nine-year term due to the unpaid fine. They stated, "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 a travesty of justice." Consequently, they reduced Kale's fine in some cases and counted his additional time served as punishment for the unpaid fine.
