The vacation bench of Justice JB Pardiwala and Justice Ujjal Bhuyan expressed strong displeasure over the High Court’s refusal to release the septuagenarian, one Bherulal, despite him completing half of the sentence.
The Court said the High Court could have easily considered the convict’s plea for suspension of sentence in the first instance by applying the correct principles of law.
“We take notice of the fact that stereo type orders are passed by the High Courts without any application of mind. The High Court should have realized that the petitioner is seventy years of age and out of four years of maximum sentence imposed, has already been undergone two years’ of sentence. The petitioner is virtually blind,” it said.
Source: Barandbench
