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Allahabad High Court directs Director General of Prisons to file affidavit on convicts still detained in jail after completing sentence in UP

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Over the detention of a convict after completing sentence, the Allahabad High Court has directed the Director General, Department of Prisons, Uttar Pradesh, Lucknow to file personal affidavit stating therein that till now how many convicts/prisoners are still detained in jail after completing their sentence in the entire State of Uttar Pradesh.

A Single Bench of Justice Shamim Ahmed passed this order while hearing a Criminal Appeal filed by Arvind @ Naga.

Counsel for the appellant submitted that the appellant, namely-Arvind @ Naga has been convicted by the impugned judgment and order dated 28.11.2022 passed by the Special Session Trial (State vs Arvind Naga) arising out of Case under Section 354(kha), 323 and 506 I.P.C, Police Station- Shahabad, District Hardoi by means of which the appellant has been convicted under Section 354 (kha) I.P.C for a period of five years rigorous imprisonment and fine to the tune of Rs 5000/- and in default of payment of fine the appellant will serve for a period of five months additional imprisonment and the appellant has also been convicted under Section 323 I.P.C for a period of six months rigorous imprisonment and fine to the tune of Rs 500/- and in default of payment of fine the appellant will serve 15 days additional imprisonment, and the appellant has also been convicted under Section 506 I.P.C for a period of three years rigorous imprisonment and fine to the tune of Rs 3000/- and in default of payment of fine the appellant will serve three months additional imprisonment.

No separate conviction under Section 7/8 of POCSO Act has been done, and the sentence which has been passed by the appellant in jail shall also be adjusted in the period of sentence.

Counsel for the appellant further submitted that the appellant is in detention since 20.12.2017 and has already undergone the period of sentence awarded to him.

She further submitted that now after the conviction period is over, the appellant is still in jail and is held in detention for more than eleven months, which is a clear violation of Article 21 of the Constitution of India.

Thus, she also submitted that this period of detention of eleven months, which has been forced upon the appellant may be compensated in terms of money, which shall be paid by the State Exchequer.

Ashok Kumar Singh, A.G.A-I for the State submitted that he may be given sometime to seek instructions in this matter as the matter appears to be serious as to how the appellant has been detained in jail for eleven months after completing his sentence awarded by the court below.

In view thereof, the Court directed A.G.A-I to seek instructions from the Jail Superintendent, District-Hardoi.

The Court further directed that Jail Superintendent must file his personal affidavit clearly stating the reasons as to why the appellant has been detained illegally by the jail authorities after completing his conviction/sentence period.

“The Director General, Department of Prisons and Jail Superintendent, District-Hardoi, shall remain present in person before the Court to assist the Court on the next date fixed”, the order reads.

The Court has fixed the next hearing of the petition on December 08, 2023.

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