Allahabad High Court: In an appeal against the Rajan Roy, J. has ordered for an immediate release of a rape convict, who was arrested and sent to jail last year in connection with the same crime for which he already underwent a 7-year sentence, 14 years ago. The Court noted that the appellant/convict has already completed the period of his 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, this fact could not be brought to the notice of the High Court in this appeal. Consequently, when the appeal came up for hearing on 15-11-2022, the Court issued fresh non-bailable warrant as well as process under Sections 82 and 83 of the Criminal Procedure Code, 1973 (‘CrPC’) against the convict and issued notice under Section 446 CrPC against the sureties of the convict. Thus, the convict 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 convict.
The Court recalled the order dated 15-11-2022 and ordered the jail authorities to immediately release the convict.
The matter will next be taken up in August.
[Raj Narain v State of UP, 2023 SCC OnLine All 353, Order dated 23-06-2023]
Advocates who appeared in this case :
Counsel for Appellant: Advocate O.P. Misra, Advocate C.D. Maurya;
Counsel for Respondent: Government Advocate.
Buy Code of Criminal Procedure, 1973 HERE
