Raj Narayan @ Ram, who had completed the sentence given by the trial court in a case of rape, was again arrested and sent to Jail. After coming to the notice of the matter, the Lucknow Bench of the Allahabad High Court has ordered the concerned Jail Authorities to immediately release the accused.
The Single-Judge Bench of Justice Rajan Roy passed this order while hearing a Criminal Appeal filed by Raj Narain @ Ram for appearance.
In this matter, the Court has been informed that the appellant has already completed the period of his incarceration/ sentence as awarded by the trial Court vide judgment dated 08.10.2003 which was 7 years rigorous imprisonment and on completion of the said sentence, was released from Central Jail, Bareilly on 14.03.2009, however, the fact could not be brought to the notice of the Court in the appeal.
Consequently, when the appeal came up for hearing on 15.11.2022 the following order was passed:-
“Case called out. None turned up on behalf of the appellant to press this appeal.
The Additional Government Advocate for the State respondent is present.
It appears from the office report dated 02.07.2014 that appellant has sold his house and moved somewhere else.
Issue fresh non-bailable warrant as well as process under Sections 82 & 83 CrPC against the appellant and also issue notice under Section 446 CrPC against the sureties of the appellant, to be executed through the Chief Judicial Magistrate, concerned who shall submit compliance report within four weeks from today.
C.J.M may take help of S.S.P/S.P. concerned for the aforesaid purpose.
Office is directed to transmit the copy of the bail bonds and complete details of the appellant to the concerned Court below at the earliest.
Let the matter be listed after four weeks.”
The Court noted that,
By the aforesaid order dated 15.11.2022 Non-bailable Warrant was issued and in pursuance thereof the appellant, who had already undergone the sentence, was again arrested and sent to Jail. This happened on account of absence of requisite information about the sentence already having been undergone by the appellant.
It is said that consequent to the aforesaid order the appellant is incarcerating in District Jail, Lakhimpur Kheri.
In view of the aforesaid circumstances, the Court exercises its power to recall the order dated 15.11.2022.
“Consequently, all actions taken in pursuance thereof stand nullified and the appellant, if he is in Jail, shall be released immediately.
The Senior Registrar of the Court at Lucknow shall communicate the order itself to the concerned Jail Authorities for immediate release of the appellant.
V.K Singh, Government Advocate for the State shall also communicate this order to the concerned immediately for compliance. The appeal shall now come up for hearing in the month of August, 2023″, the Court ordered.
The post Allahabad High Court orders immediate release of rape convict appeared first on India Legal.
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