States High court

Allahabad HC Revokes Non-Bailable Warrant Against Rape Accused Who Completed Sentence

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.

Nunnem Gangte

Recent Posts

Punjab & Haryana HC Notice To Jindal Law School Over AI-Generated Exam Claims

The Punjab and Haryana High Court on Tuesday has issued a notice to Jindal Global…

9 hours ago

ED Files Money Laundering Complaint Against Charanjit Singh Bajaj, 4 Others

The ED on Tuesday has filed a Prosecution Complaint before the Special Court in Mohali…

9 hours ago

Pune Porsche Case: SC Rejects Anticipatory Bail To Father Of Minor Driver’s Friend

The Supreme Court on Tuesday denied bail to Arunkumar Devnath Singh, whose son is a…

10 hours ago

SC Dumps Plea Against Quashing LOC For Sushant Singh Rajput’s Ex-House Help

The Supreme Court on Tuesday dismissed the Centre's appeal against a Bombay High Court order…

11 hours ago

Rape Case: SC Issues Notice On Ex-Army Officer’s Plea For Quashing Charge sheet

The Supreme Court on Tuesday has agreed to review a plea from retired Army Captain…

11 hours ago

Chhattisgarh NAN Scam: FIR Against 2 Retired IAS Officers, Former AG

The Chhattisgarh Anti-Corruption Bureau on Tuesday has registered a case against 2 retired IAS officers…

12 hours ago