The High Court on Sunday ordered the immediate release of a man who spent 10 months in prison after police mistakenly arrested him in place of a convicted arms case accused because of similarities in their names and addresses.
A bench of Justice JBM Hassan and Justice Aziz Ahmed issued the order after a judicial inquiry established that the man in custody was not the person sentenced to 10 years in prison in the arms case.
The inquiry found that the arrested Md Almas was different from the actual convict, Md Almachh, who had been absconding since the trial began and was reportedly living in Canada.
Assistant Attorney General Barrister Mohiuddin Hanif represented the state, while Advocate Tanvir Ahmed appeared for the petitioner.
A judicial inquiry report submitted to the High Court on November 5 identified the arrested Almas as the son of Sheikh Khalil and a resident of Kusumhati in Dohar, Dhaka.
The actual convict, Md Almachh, is the son of Md Khalilur Rahman and a resident of Purba Dhoair village under Nayabari Union in Dohar. He was sentenced to 10 years in prison in an arms case filed with Mirpur Police Station.
The report said police had mistakenly identified and arrested Almas because of partial similarities in the two men’s names and addresses.
Almas sought legal remedy by filing a petition with the High Court. After an initial hearing, the court ordered a judicial inquiry to establish his identity. Senior Judicial Magistrate Mahfuzur Rahman conducted the inquiry and submitted the findings.
The inquiry identified several discrepancies in the forwarding documents, police reports and arrest warrant, particularly regarding the accused’s address.
It found that Almas lived in Bahra village, while the actual convict was from Purba Dhoair village. Although both villages fall under the same post office, they are separate localities.
The report also found differences in their fathers’ and grandfathers’ names. The arrested man’s father was Sheikh Khalil and his grandfather Sheikh Nawab Ali. In contrast, the case documents listed the actual convict’s father as Khalil Ahmed and grandfather as Sheikh Shohor Ali.
Their family backgrounds were also different. The actual convict was the only brother among three sisters, while Almas had two brothers and two sisters.
The inquiry further identified discrepancies in their ages. The actual convict was 24 in 2002, making him approximately 48 in 2026. Almas, born on December 10, 1985, was around 17 in 2002 and is now 40.
Their occupations and lifestyles also differed. The actual convict reportedly lived in Paikpara, Mirpur, while Almas earned his living through farming and electrical work.
The inquiry concluded that the two men were different individuals and that Almas had been wrongly implicated and detained because of mistaken identity.
