The High Court on Sunday ordered the immediate release of a man who spent 10 months in prison after being mistakenly arrested in place of a convict in an arms case due to similarities in their names and addresses.

A High Court bench of Justice JBM Hassan and Justice Aziz Ahmed Bhuiyan passed the order following a judicial inquiry that established the man's innocence.

The inquiry found that the Md Almas currently in custody was not the person convicted in the arms case. The actual convict, sentenced to 10 years in prison, has been absconding since the trial began and is now 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 revealed that the arrested Almas is the son of Sheikh Khalil and a resident of Kusumhati in Dohar, Dhaka.

In contrast, 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 a case filed under the Arms Act with Mirpur Police Station.

The report said police mistakenly identified and arrested the wrong person because of partial similarities in their names and addresses.

Seeking legal remedy, the innocent Almas filed a petition with the High Court. Following an initial hearing, the court ordered a judicial inquiry to establish his identity. Senior Judicial Magistrate Mahfuzur Rahman subsequently conducted the inquiry and submitted his findings.

The inquiry identified several discrepancies in the forwarding documents, police reports and arrest warrant, particularly concerning the accused's address.

It found that the arrested Almas lived in Bahra village, while the actual convict was from Purba Dhoair village. Although both areas fall under the same post office, they are separate localities.

The inquiry 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 identified 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 of three sisters, while the arrested Almas had two brothers and two sisters.

The report further pointed out discrepancies in their ages. The actual convict was 24 in 2002, making him approximately 48 in 2026. The arrested 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 the arrested Almas earned his living through farming and electrical work.

The inquiry concluded that the two men were different individuals and that the arrested man had been wrongly implicated and detained because of mistaken identity.