The Allahabad High Court in the case Raj Narain @ Ram vs. State of U.P observed and has ordered for the immediate release of a man who was being arrested and was sent jail in the month of December last year in connection with the same crime for which he already underwent for the 7-year sentence, 14 years ago.
The bench headed by Justice Rajan Roy in the case observed and has recalled the order of High Court in the month of November 15, 2022, wherein the court non-bailable Warrant was issued and in pursuance, therefore, the applicant who had already undergone the sentence, was again arrested and was being sent to Jail.
Background of the Case:
The Appellant Raj Narain @ Ram was arrested and was sentenced to seven years in Jail by the trial court in the year 2003 in connection with a rape case. An appeal was filed by his lawyer against the sentence of him in the Lucknow bench of the Allahabad High Court, however, the matter could not be heard by the court.
Appellant Raj Narain @ Ram completed his sentence in the year 2009. Therefore, he also did not inform the High Court about his release after he served his sentence.
The court issued the notice from time to time to know the status of the appellant. Last year, in the month of November when the High Court in the case asked for a status report on the matter, thus, the Police informed the Court that the appellant has left the district where he used to live earlier.
Further, the appellant approached the High Court with the help Legal Aid Services Authority of the High Court, wherein seeking his release from jail.
The court while considering the facts and circumstances stated while exercising its power to recall the order dated 15.11.2022, nullified all actions taken in pursuance thereof, and has ordered for the immediate release of the appellant.
Accordingly, the court listed the appeal for further consideration in the month of August 2023.
The counsel, Advocate Anjani Kumar Srivastava appeared for appellant.
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