Prayagraj, June 25 (IANS) The Allahabad High Court has ordered the immediate release of a man who was arrested and sent to jail in December last year in connection with the same crime, for which he had already undergone a seven-year sentence 14 years ago.
Justice Rajan Roy also recalled the high court’s November 15, 2022 order wherein a non-bailable warrant was issued and in pursuance thereof, the appellant Raj Narain, who had already undergone the sentence, was again arrested and sent to jail.
The court observed, “It happened on account of absence of requisite information about the sentence already having been undergone by the appellant.”
Appellant Raj Narain was sentenced to seven years in jail by the trial court in 2003 in connection with a rape case. In the same year, his lawyer filed an appeal against the sentence in the high court, but the matter could not be heard.
Meanwhile, he completed his sentence in 2009. He did not inform the high court about his release after serving out the sentence.
Later, in his appeal, notices were issued from time to time to know the status of the appellant.
Pursuant to this, unaware of the fact that the appellant had already undergone the sentence awarded to him in the matter, the high court, on November 15, 2022, issued NBW against him. The police arrested and sent him to jail in December 2022 and he has been in prison since then.
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.