CHENNAI: A 54-year-old man in the Puzhal Central Prison for the past 8-1/2 years, despite completing the substantive sentence of two years imprisonment in each of the 41 cases, which were ordered to run concurrently, but had to remain in prison till 2025 due to non-payment of a little over Rs 2 lakh fine amount, got a reprieve from the Madras HC, which declared his detention as illegal and ordered his release. A division bench comprising Justices K Mohan Ram and G M Akbar Ali allowed the habeas corpus writ petition from M Balsubramanian.By a common judgment in December 2002, a special court for CBI cases convicted Balasubramanian for offences under various sections of the IPC and Prevention of Corruption Act. There were 41 cases. The maximum punishment imposed on him was two years RI for each offence and the sentences were ordered to run concurrently. However, the total fine amount payable was Rs 2.10 lakh and the default sentence would run to 252 months.“The Rule cannot prevail over the provision under the statute of Code of Criminal Procedure. When a person is very poor and because of his poverty he could not pay the fine amount 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 bench added.When the petitioner has committed offences including falsification of records, driven by some impulsion or greed, allowing him to remain in jail even after the period of substantive sentence, was affront to Article 21 of the Constitution. “Therefore, we are of the considered view that after completion of substantive sentence of imprisonment of two years, the petitioner had already undergone a further period of six and half years, which is more than enough to satisfy the default period,” it added.
Comments
0 comment