Allahabad HC Directs Release Of Man Who Had Already Undergone Sentence And Was Arrested Again After 14 Years
|The Allahabad High Court, Lucknow Bench has ordered the release of a man who had already undergone the sentence and was arrested again and sent to jail.
A Single Bench of Justice Rajan Roy observed, “In view of the aforesaid circumstances, this 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 Bench noted that the appellant was incarcerated in District Jail, Lakhimpur Kheri.
Advocate Anjani Kumar Srivastava appeared on behalf of the appellant while Government Advocate V.K. Singh appeared on behalf of the State.
In this case, an appeal was filed before the Bench which was specially constituted by the order of the Chief Justice. The Court was informed that the appellant had already completed the period of his incarceration/ sentence as awarded by the trial court vide judgment in 2003 which was 7 years rigorous imprisonment and on completion of the said sentence, was released from Central Jail, Bareilly in 2009, however, such a fact could not be brought to the notice of the court in the said appeal.
The High Court in the above regard said, “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.”
The Court directed the Senior Registrar to communicate its order to the concerned Jail Authorities for the immediate release of the appellant.
“Dr. V.K. Singh, learned 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”, also said the Court.
Accordingly, the Court directed the release of the appellant.
Cause Title- Raj Narain @ Ram v. State of U.P.