The Allahabad High Court’s Lucknow Bench recently revoked its previous order of issuing a non-bailable warrant (NBW) against a rape accused who had already completed a seven-year sentence. The case of Raj Narain Ram v. State of Uttar Pradesh prompted this action.
Justice Rajan Roy instructed for the appellant’s immediate release and scheduled the appeal against his conviction for August. It was revealed that the High Court had not been informed earlier about the accused’s release from prison.
The order states “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 single judge in the case instructed the Senior Registrar of the Court and the State government’s counsel to promptly inform the relevant authorities about the immediate implementation of the current order.
The accused had been convicted in October 2003 in a rape case and was released from Bareilly Central Jail in March 2009.
When the State’s appeal was brought before the High Court, the Bench was not informed about the accused being out of prison and having relocated.
On November 15 of the previous year, the High Court had issued an order stating:
“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.”
Following the appellant’s arrest in December, he was subsequently sent to jail, which prompted the filing of the current application through the High Court’s Legal Aid Services Authority.
Advocates Anjani Kumar Srivastava, OP Misra, and CD Maurya represented the accused in the proceedings.Government Advocate VK Singh appeared on behalf of the State.
