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HindustanTimes Wed,22 Oct 2014

System to reform criminals, prevent recurrence of crime: Bombay HC

Mohan K Korappath, Hindustan Times  Mumbai, February 25, 2013
First Published: 01:01 IST(25/2/2013) | Last Updated: 01:02 IST(25/2/2013)

The aim of the justice system is to reform the criminal as well as to prevent the recurrence of crime, the Bombay high court said while granting relief to a couple convicted for their involvement in three cases of theft.

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A division bench of justice AS Oka and justice AP Bhangale recently granted the plea of the accused couple from Bhandup that their sentences run concurrently instead of as consequent prison sentences.

The court noted that “the accused had voluntarily pleaded guilty and invited infliction of punishment on themselves”.

In one case, the couple were prosecuted in Igatpuri for cheating and theft in 2011, for which they were sentenced to 18 months and fined Rs1,000.

In another case, a court in Murud delivered a similar sentence for theft and trespassing, fining them Rs6,000.

The third case pertains again to a case of theft, for which the Wada magistrate’s court sentenced them to 18 months’ imprisonment and a fine of Rs1,000.

The state had opposed their plea on the grounds that the accused have been convicted for three identical cases, but their advocate Arfan Sait pointed out that the accused belong to a very poor family and have a six-year-old son who is living with his grandparents.

He further revealed that the family was struggling to make ends meet as the couple is in prison.

“When a person is very poor because of which he cannot pay the fine and is ordered to remain in jail even after the period of substantive sentence of imprisonment is over, a serious prejudice would be caused to the person,” the court said.

The court has stated that the sentences imposed in two of the three cases will run concurrently. The imprisonment each of them has to undergo should not exceed 36 months, the court said.


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