The High Court had issued a warrant 14 years after the person had completed his time in prison, because the facts were not clearly placed on record.
The Lucknow Bench of the Allahabad High Court recently recalled its order issuing a non-bailable warrant (NBW) against a rape accused who had completed his seven-year sentence. [Raj Narain Ram v. State of Uttar Pradesh]
Justice Rajan Roy directed the release of the appellant forthwith and listed the appeal against his conviction for August, afer noting that the High Court was earlier not informed that the accused had been released from prison.
“This happened on account of absence of requisite information about the sentence already having been undergone by the appellant. It is said that consequent to the aforesaid order the appellant is incarcerating in District Jail, Lakhimpur Kheri. 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 order states.
The single-judge directed the Court’s Senior Registrar and counsel for the State government to inform the concerned authorities for immediate compliance of the instant order.
The accused had, in October 2003, been convicted in connection with a rape case. He was released from Bareilly Central Jail in March 2009.
When the State’s appeal was listed before the High Court, despite notices being issued, the Bench was not made aware of the man being out of prison and having since relocated.
On November 15 last year, the High Court had ordered:
“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.”
The appellant was then arrested and sent to jail in December, leading to the present application filed through the High Court’s Legal Aid Services Authority.
