Erroneous Enhancement Leads to Supreme Court Restoring Original Sentence and Ordering Immediate Release.


21 April 2025 Criminal Appeals & Suspension of Sentence >> Criminal Law  

In Sachin Vs State of Maharashtra the Supreme Court heard an appeal against a High Court judgment that had erroneously enhanced the sentence of the appellant, who had already served eleven years and eight months against an original sentence of seven years.

The Supreme Court found that the High Court's orders, and consequently the Special Court's enhanced sentence of life imprisonment and fine, were erroneous and liable to be set aside. The Court thus set aside the impugned judgments and orders of both the High Court and the Special Court.


 

 

This action revived the original sentence of seven years imprisonment imposed by the Special Court. However, considering the appellant had already served a significantly longer period (eleven years and eight months) due to the erroneous enhancement, the Supreme Court, exercising its powers under Article 142 of the Constitution of India to do complete justice, decided against remanding the matter to the High Court.

Instead, the Supreme Court restored the original sentence of seven years. Since the appellant had already served more than this original sentence, the Court concluded that the interests of justice would be served by ordering the appellant's immediate release from jail.

Consequently, the Criminal Appeal pending before the Nagpur Bench of the Bombay High Court was rendered infructuous and disposed of. The Supreme Court directed the State and the Superintendent of Nagpur Central Jail to release the appellant forthwith. The appeals were allowed and disposed of in these terms.


Section 142, Constitution of India - 1950  

Constitution of India, 1950