Brief Facts 

In the Matter of Raj Narain v State of UP plea for the release of the convicted rapist who was detained and imprisoned last year in relation to the same offence for which he previously served a 7-year sentence 14 years before.

Conclusion of the Court 

A rape offender who was apprehended and imprisoned last year in relation to the same crime for which he had served a 7-year sentence that occurred 14 years prior was ordered by the Allahabad High Court’s Single Judge Bench Justice Rajan Roy to be released immediately. The Court took notice of the fact that the appellant had already served the entirety of the 7 years of severe imprisonment that had been imposed upon him by the Trial Court judgement and had been freed from Central Jail, Bareilly, upon serving the aforementioned sentence.

The single judge bench of Allahabad High Court observed that in this appeal, it was not possible to bring this information to the High Court’s attention. As a result, the Court issued a fresh non-bailable warrant, processed under Sections 82 and 83 of the Criminal Procedure Code, 1973 against the prisoner, and notice under Section 446 CrPC against the convict’s sureties when the appeal was scheduled for a hearing. As a result, the defendant, who had already served his or her sentence, was detained once more and placed in jail. This occurred as a result of a lack of necessary information on the term the offender had already served. The Court revoked the directive and instructed the jail staff to release the prisoner right away. The issue will be discussed again in August.

CASE NAME – Raj Narain v State of UP, CA No. 1817 /2003