'Gross Violation Of Art. 21': Allahabad High Court On Convict Detained For 2+ Months Despite Completing Sentence & Stay On Fine

The Allahabad High Court last week directed the immediate release of a convict who had already served the entire 10-year sentence but had to remain in custody for 2.5 months due to non-payment of a fine of Rs. 27 lakhs. A bench of Justice Sameer Jain observed that his continued detention, despite an order of the HC staying the recovery of the fine, constitutes a "gross violation of fundamental right enshrined in Article 21 of the Constitution of India". The appellant (Vinod Kumar) was convicted by the trial court in February 2013 and sentenced to the maximum term of ten years along with a total fine of Rs. 27 lakhs and, in default, an additional imprisonment of 4 years and 7 months. The appellant challenged his conviction in the HC and also prayed for bail. However, in September this year, his counsel contended that he had already served the entire substantive sentence of 10 years and remained in custody solely because he could not deposit the fine. On September 24, the HC stayed the realisation of the fine during the pendency of the instant appeal while noting that, given the heavy docket, there was no possibility of an early hearing of the instant appeal. However, despite the order staying the fine, the appellant was not released. Therefore, on December 8, the HC was apprised of his continued detention. The court expressed its astonishment in strong terms and it observed thus: "It is quite shocking that in spite of above facts till date appellant is in custody. An individual even a convict cannot be detained without any order. As appellant has already served entire sentence awarded to him and even fine imposed upon him has been stayed by this Court therefore, authorities concerned cannot detain him any further, if he is not wanted in any other case. This is gross violation of fundamental right enshrined in Article 21 of Constitution of India". Accordingly, the court directed his immediate release on personal bond. The court has also ordered the matter to be listed in due course.Case title - Vinod Kumar vs. State Of U.P. & AnotherClick Here To Read/Download Orders

'Gross Violation Of Art. 21': Allahabad High Court On Convict Detained For 2+ Months Despite Completing Sentence & Stay On Fine

Sparsh Upadhyay

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