Delhi High Court faux pas results in release of murder convict, Court terms it ‘typo’ in recall order

A major faux pas in a judgment delivered by the Delhi High Court has resulted in the release of a convict serving life imprisonment for a double murder, as reported by Hindustan Times..Upon realizing its mistake, the Court passed a new order, deleting parts of the earlier order by which the accused was directed to be released. The police are now on the lookout for the convict, now absconding, who was released pursuant to the judgment..By way of background, the convict Jitendra had shot dead two persons who were witnesses in cases against him. In 2013, the trial court had convicted Jitendra to 30 years rigorous imprisonment in the first case and life imprisonment in the second case..In his appeal in the Delhi High Court, a Bench of Justices GS Sistani and Sangita Dhingra Seghal upheld the conviction but modified the sentence as follows:.“The punishment awarded to the appellant herein is in excess of the requirement of the situation and as such the mitigating factors put forth by the learned counsel for the appellant are meant to invite mercy on the appellant. We are of the considered view that to meet the ends of justice, the cap of 30 years must be removed. Hence, we modify the order on sentence to the period already undergone by the appellant i.e 16 years and 10 months..Consequently, the appeals are allowed in part, the conviction recorded by the trial court is maintained and the sentences imposed by the learned trial Judge is modified to the extent indicated hereinabove. The appellant be released forthwith, if not required in any other case.”.Pursuant to this judgment, which was delivered on December 24, 2016, Jitendra was released..However, the matter did not end there. The Court listed the matter for directions on February 14. In its order passed that day, the Court conceded that there was a “typographical error” in its judgment of December 24. It then proceeded to delete the portion of the judgment by which it had modified the sentenced awarded to the convict..“This matter has been listed today for directions. 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.”.The Court proceeded to expunge the following lines from its earlier order:.“…… 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………”.Further, the Court passed an order on March 22 directing the Police Commissioner to take Jitendra into custody..Read the judgment and orders below..Image taken from here.