Man Sent To Jail In Same Crime 14 Yrs After Undergoing Entire Sentence: Allahabad HC Orders His Release, Recalls Its Order Issuing NBW

The bench of Justice Rajan Roy also recalled HC’s November 15, 2022 order wherein a 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,” the Court said as it noted that the man/appellant is presently incarcerated in District Jail, Lakhimpur Kheri.

The case in brief

Essentially, Appellant Raj Narain @ Ram was sentenced to seven years in Jail by the trial court in the year 2003 in connection with a rape case. In the same year, his lawyer filed an appeal against the sentence in the Lucknow bench of the Allahabad High Court, however, the matter could not be heard.

Meanwhile, he completed his sentence in the year 2009. He did not inform the High Court about his release after serving out the sentence.

Now, in his appeal, Notices were issued from time to time to know the status of the appellant. Finally, in November last year, when the High Court asked for a status report on the matter, the Police informed the Court that the appellant has left the district where he used to live earlier.

Pursuant to this, unknown of the fact that the appellant has already undergone the sentence awarded to him in the matter, the HC, on November 15, 2022, passed the following order against him:

“Issue fresh non-bailable warrant as well as process under Sections 82 & 83 Cr.P.C. against the appellant and also issue notice under Section 446 Cr.P.C. 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.”

Pursuant to this order, the police arrested and sent him to jail in December 2022 and he has been in prison since then.

Now, the appellant approached the HC with the help Legal Aid Services Authority of the High Court, seeking his immediate release from jail.

Given the peculiar facts of the case, the Court exercised its power to recall the order dated November 15, 2022, nullified all actions taken in pursuance thereof, and ordered for the immediate release of the appellant and listed the appeal for hearing in August 2023.

Advocate Anjani Kumar Srivastava appeared for appellant.

Case title - Raj Narain @ Ram vs. State of U.P 2023 LiveLaw (AB) 202 [CRIMINAL APPEAL No. - 1817 of 2003]

Case Citation: 2023 LiveLaw (AB) 202

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