Bombay HC directs release of man incarcerated despite completing sentence due to unpaid fines

In his petition, Mr. Kale urged the Bombay HC that he had served his sentence but since he failed to pay the hefty fine, he is facing further imprisonment of nine years

In a June 27 order, which was made available on July 12, the Bombay High Court has directed the release of a man named Sikandar Kale (30), who was imprisoned despite having completed his sentence because he could not pay the fine. The ₹2,65,000 fine was imposed on him by the trail court. Mr. Kale has been in police custody since 2017 and was convicted in 2019 for two years in 14 criminal cases in Kolhapur of trespassing private property, mischief, and theft.

In his petition, Mr. Kale urged the Bombay HC that he had served his sentence but since he failed to pay the hefty fine, he is facing further imprisonment of nine years.

A division bench of judges comprising Justice Bharati Dangre and Justice Manjusha Deshpande said that to ‘prevent the abuse of process of law’, the person must be released immediately. “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. Justice is not an artificial virtue, but it necessarily embraces magnanimity. Law recognises the principle that mercy is reasonable in the time of affliction as clouds of rain in the time of drought,” the Bench said on June 27 order.

Considering that Mr. Kale is financially weak, the Bench reduced the fine imposed in some of the cases. The judges also noted that Mr. Kale deserved to be released in 2020 itself but the whopping sum of ₹2,65,000 imposed on him held him in prison for a longer period.