Delhi Man's Unexpected Liberation: A Judicial Revaluation

A Delhi resident was released from Bhondsi Prison after incorrect serving of concurrent sentences from a cheque dishonour case was clarified. Three complaints arose from a single transaction, but the court rectified the error, leading to his release after 28 days, in accordance with the Supreme Court directive.

A resident of Delhi was freed from Bhondsi Prison in Gurugram after spending 28 days in custody, despite a three-month sentence linked to a cheque dishonour case. Initially sentenced to three months for three complaints from a single transaction, a 2018 court order stated that all sentences would run concurrently. However, on October 3, 2024, the Sessions Court dismissed his appeal and issued three conviction warrants, leading to his imprisonment.

Judicial Magistrate First Class (JMFC) Sonia responded to an application for the release of Mohd Firoz Alam by clarifying the situation according to Supreme Court instructions. She cited the VK Bansal case, stating, 'When the prosecution arises from a single transaction, regardless of multiple complaints, it shall be treated as a single entity.'

The judge highlighted that the previous court had explicitly ordered concurrent sentences. The case files showed the cheques involved were part of a single transaction worth Rs 2,455,271. Despite the complaints being filed separately, all 12 cheques were tied to a single liability. Advocate Shishant requested the court to confirm concurrent sentences and release the convict. The court noted it's the jail superintendent's duty to execute orders per the Cr.P.C./467 of BNSS. Consequently, the superintendent was directed to act promptly, resulting in Alam's January 28 release from Bhondsi Jail.