A ‘typographical’ error in Judgment of Delhi High Court reportedly helped a double murder convict abscond.
On 24th December, 2016, the Bench G.S. Sistani and Justice Sangita Dhingra Sehgal, partly allowing the appeal by the convict had said “we modify the order on sentence to the period already undergone by the appellant i.e. 16 years and 10 months”. The Bench had also said: “The appellant be released forthwith, if not required in any other case.”
Complying the order, the Jail authorities let off Jitendra and reportedly he is now absconding for more than three months. Noticing the error, the Bench issued another order on 14th February, 2017, but by that time damage was done as the convict absconded and the witnesses are facing life threat from him. The said order reads as follows:
“A typographical error was noticed post-delivery this judgment dated 24.12.2016 in the concluding portion. The error is rectified and the extraneous sentence, which crept in, is deleted. “…… to the period already undergone by the appellant i.e. 16 years and 10 months.” “…… The appellant be released forthwith, if not required in any other case……...””
Though the Bench termed it as a typographical error, it looks like an extra sentence got added in the judgment which apparently ordered release of the convict.
Recently, the Court has directed the Commissioner of Police to take steps to take Jitender @ Kalla into custody at the earliest.
In a double murder case, Kalla was sentenced by the Trial Court to rigorous imprisonment for life with a direction that he shall not be considered for grant of remission till he undergoes the actual sentence of 30 years. The High Court, which upheld the conviction was of the view that the cap of 30 years must be removed.
On March 10, 1999, Jitender had shot one Anil Bhadana, the then president of Satyawati College Students’ Union and on the next day, he killed a person who witnessed the murder of Bhadana.
Read the Judgment here.