Santosh Anand Avdhoot, convicted along with Sudevanand Avdhoot, got the relief till October 16 when Justice Sunita Gupta will hear his plea challenging the order to surrender on the ground that he has already spend more years in jail than the 10-year imprisonment term awarded to him.
Sudevanand, who was also awarded the same jail term, has complied with the order to surrender.
The third accused Ranjan Dwivedi, a lawyer, succeeded in getting his conviction overturned by the high court.
On Santosh Anand's plea that he be set free, the high court has asked the Tihar Jail authority to file a report after verifying the years spend by him during the trial and and later after the conviction by the trial court.
The high court had on August 14 passed the verdict, 38 years after their appeals were filed.
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