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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
REVATI MOHITE DERE, GAURI GODSE, JJ.
Aslam Salim Shaikh – Petitioner
Versus
The State of Maharashtra – Respondent
Criminal Writ Petition No. 3157 of 2022
Decided On : 17-07-2023
Indian Penal Code, 1860 – Section 454, 457, 380, 34 – Criminal Procedure Code, 1973 – Section 427(1), 482 – Criminal jurisprudence – Objects of deterrence and re-formation – Inherent jurisdiction – Serious miscarriage of justice – Held, Court have perused a few of the FIRs to satisfy our conscience, with respect to nature of offences alleged to have been committed by petitioner – It was bounden duty of learned Magistrates to have atleast perused the papers before awarding sentences, more particularly, when petitioner had pleaded guilty, so as to ensure that sentences awarded were commensurate with evidence on record against the petitioner – It is well settled that when there is grave error of law apparent on face of record or there is a miscarriage of justice, resulting from the orders passed by Courts below or when it is necessary for enforcing fundamental or legal rights or to meet ends of justice, Court can certainly entertain a petition of this nature – Petition allowed.
JUDGMENT :
REVATI MOHITE DERE, J.
1. Heard learned counsel for the parties.
2. Rule. Rule is made returnable forthwith, with the consent of the parties and is taken up for final disposal. Learned A.P.P waives notice on behalf of the respondents-State.
3. 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.
4. Briefly stated the facts are as under:
The petitioner is in custody since 3rd December 2014. The petitioner was arrested and prosecuted essentially for the offences pertaining to theft in 41 cases by different police stations. According to the petitioner, he was falsely implicated in the said cases and being ill-literate and unaware of the niceties of law and having regard to his financial condition, being unable to engage a lawyer, he pleaded guilty in all the 41 cases, under a bona-fide belief that he would be released from prison for the period already undergone by him as an under-trial prisoner. The details of all the 41 cases are as under:
| S. No. | Police Stn. and CR No. and Sessions Case No. and Before Learned Court | Offences | Date of Arrest | Date of Conviction and Sentence |
| 1 | Vishrantwadi Police Stn CR No. 156 of 2014 R.C.C. No. 337/2014, Ld. Judicial Magistrate, F.C, Khadki, Pune | U/secs. 454, 457, 380 r/w. 34 of IPC | 12.09.2014 | 03.12.2014 U/s. 380 IPC R.I. for 18 months and fine of Rs.500/- i/d. RI for 1 month U/s. 454 IPC R.I. for 1 yr. U/s. 457 IPC R.I. for 1 yr. |
| 2 | Vishrantwadi Police Stn CR No. 229 of 2014 R.C.C. No. 352/2014 Ld. Judicial Magistrate, F.C, Khadki, Pune | U/secs. 454,380 r/w. 34 of IPC | 15.09.2014 | 03.12.2014 U/s. 380 IPC R.I. for 18 months and fine of Rs.500/- i/d. RI for 1 month U/s. 454 IPC R.I. for 1 yr. |
| 3 | Vishrantwadi Police Stn CR No. 251 of 2014 R.C.C. No. 353/2014 Ld. Judicial Magistrate, F.C, Khadki, Pune | U/secs. 454, 457, 380 r/w. 34 of IPC | 15.09.2014 | 03.12.2014 U/s. 380 IPC R.I. for 18 months and fine of Rs.500/- i/d. RI for 1 month U/s. 454 r/w. 34 IPC - 1 yr. U/s. 457 r/w. 34 IPC - 1 yr. |
| 4 | Vishrantwadi Police Stn CR No. 212 of 2014 R.C.C. No. 75/2015 Ld. Judicial Magistrate, F.C, Khadki, Pune | U/secs. 454,380 r/w. 34 of IPC | 18.03.2015 | 18.03.2015 U/s. 380 IPC - RI 18 months and fine of Rs.500/- i/d. RI for 1 month U/s. 454 IPC R.I. for 1 yr. |
| 5 | Vishrantwadi Police Stn CR No. 239 of 2014 R.C.C. No. 73/2015 | U/secs. 454,380 r/w. 34 of IPC | 12.09.2014 | 18.03.2015 U/s. 380 IPC R.I. for 18 months and fine of Rs.500/- i/d. RI for 1 yr. U/s. 454 IPC r/w. 34 IPC R.I. for 1 yr. U/s. 457 IPC - RI for 1 year |
| 6 | Vishrantwadi Police Stn CR No. 120 of 2014 R.C.C. No. 74/2015 Ld. Judicial Magistrate, F.C, Khadki, Pune | U/secs. 454, 457, 380 r/w. 34 of IPC | 12.09.2014 | 18.03.2015 U/s. 380 IPC - RI 18 months and fine of Rs.500/- i/d. RI 1 year U/s. 454 r/w. 34 IPC - RI for 1 year U/s. 457 r/w. 34 IPC - RI for 1 year |
| 7 | Vishrantwadi Police Stn CR No. 29 of 2014 R.C.C. No. 80/2015 Ld. Judicial Magistrate, F.C, Khadki, Pune | U/secs. 454,457, 380 r/w. 34 of IPC | ||
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