The High Court has ordered the immediate release of an innocent man who spent nearly 10 months in prison after being mistakenly identified as a 10-year convict in an arms case due to similarities in their names and addresses.
A judicial inquiry has established that Md Almas, the man currently behind bars, is not the person convicted in the case. The actual convict, Md Almach, who was sentenced to 10 years in prison, has reportedly been living in Canada.
A High Court bench comprising Justice JBM Hasan and Justice Aziz Ahmed Bhuiyan passed the order on Sunday (November 8).
Assistant Attorney General Barrister Mohiuddin Hanif represented the state, while Advocate Tanvir Ahmed appeared for the petitioner.
Earlier, a judicial inquiry report submitted to the High Court on November 5 revealed that the actual convict, Md Almach, had been absconding since the beginning of the trial and was currently staying in Canada. However, due to partial similarities in their names and addresses, another man, Md Almas, son of Sheikh Khalil and a resident of Kusumhati in Dhaka's Dohar upazila, was arrested in his place and sent to prison, although he had no involvement in the case.
According to the report, the actual convict, Almach, is the son of Md Khalilur Rahman and a resident of Purba Dhoair village under Nayabari Union in Dohar upazila of Dhaka. He was sentenced to 10 years in prison in an arms case filed with Mirpur Police Station.
Police reportedly confused the identities of the two men because of partial similarities in their names and addresses, resulting in the arrest and imprisonment of the wrong person.
Seeking justice, Almas filed a petition with the High Court. Following an initial hearing, the court ordered a judicial inquiry to establish the facts. Subsequently, Senior Judicial Magistrate Mahfuzur Rahman conducted the inquiry and submitted a report to the court.
The inquiry identified several errors and inconsistencies that led to Almas's arrest. It found discrepancies in the addresses recorded in the forwarding report of the original case, police reports and arrest warrant.
Before his arrest in 2007, Almas lived in Bahra village under South Bahra Post Office. The actual convict, Almach, was from Purba Dhoair village, which also falls under the jurisdiction of the same post office. This partial similarity in their addresses reportedly contributed to the confusion over their identities.
The two men also had partially similar fathers' names. However, a detailed examination revealed that their fathers' and grandfathers' names were different.
The arrested Almas's father is Sheikh Khalil and his grandfather was Sheikh Nawab Ali. In contrast, the case records identify the actual convict's father as Khalil Ahmed and his grandfather as Sheikh Shahar Ali.
Their family backgrounds also differ significantly. The actual convict, Almach, is the only brother among three sisters, while Almas, who was wrongly arrested, has two brothers and two sisters. Thus, apart from the partial similarity in their names, their family backgrounds have little in common.
The inquiry report also highlighted a difference in their ages. In 2002, the actual convict Almach was 24 years old, meaning he would be around 48 in 2026.
On the other hand, Almas was born on December 10, 1985. He is currently around 41 and was approximately 17 in 2002. The age difference between the two men is therefore around seven years.
Their lifestyles and occupations also differed. The actual convict reportedly lived in Paikpara in Mirpur, while the investigation report in the arms case did not mention his occupation.
In contrast, Almas earned his livelihood through agricultural work and electrical jobs.
The inquiry findings established that Almas was wrongly arrested and imprisoned in place of the actual convict, prompting the High Court to order his immediate release.