Title: Raj Narain @ Ram vs. State of U.P
Decided on: 23rd June, 2023
CRIMINAL APPEAL No. – 1817 of 2003
CORAM: HON’BLE RAJAN ROY J.
Introduction.
The Allahabad High Court, in its recent judgment ordered the immediate release of a man who was imprisoned for a crime for which he already served a 7-year jail sentence, 14 years ago. The Court exercised its power to recall a judgement, annulled all actions taken since, and ordered for his immediate release.
Analysis.
The Court made note of the fact that the accused in question had already been given a 7 year jail sentence for rape by the trial court. He had finished serving his sentence in the year 2009. However, he failed to inform the High Court of his status.
When the Court inquired into the status of the case, the police and investigating authorities submitted to the Court that the accused did not serve his sentence, and had left the district. Following this, the court passed an order for his arrest.
When the matter was brought to the notice of the court again, it observed that the reason for the order for the re-arrest of the accused was due to lack of essential information with regards to the order of the trial court, and sentence already being served. Therefore, it granted the immediate release of the said accused.
The Court mandated that such order be communicated right away by the Senior Registrar to the jail authorities for the immediate release.
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Written by- Varada Hawaldar
