A convict in Gujarat who was granted bail in 2020 remained in prison for another three years, alleging that the jail authorities failed to open the bail order, which sent them the High Court record as an attachment to a email. [Chandanji @ Gato Chhanaji Thakor V. State of Gujarat].
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- Why did they keep this man in jail for three more years after bail?
- How did the case arise?
- What is happening now?
Why did they keep this man in jail for three more years after bail?
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After Chandanji Thakor, a 27-year-old convict, filed a fresh application, a division bench of Justice AS Supehia and Justice MR Mengdey directed the state to give him Rs one lakh as compensation.
“In the present case, the registry of this Court had categorically informed the jail authorities about the order passed by this Court releasing the petitioner on regular bail. It is not true that the jail authorities have not received the said email. It is “In the case of the prison authorities, the necessary measures could not be taken due to the COVID-19 pandemic and although they received the email, they could not open the attached file,” the Court noted in its order.
The Court also stated that despite the email being sent to the District Sessions Court, the Court did not take any steps to ensure that the bail order was properly complied with.
“This case is revealing,” the Court stated.
How did the case arise?
Given the prisoner’s circumstances, the court expressed its willingness to compensate him after he spent more than three years in prison despite being granted bail.
On September 29, 2020, the defendant was serving a life sentence in a murder case when his sentence was suspended.
The Superior Court registry notified prison authorities by email; However, due to the COVID-19 epidemic, jail officials did not see the email and the court order was not enforced.
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Jail officials said proper measures could not be taken due to the COVID-19 outbreak and despite receiving the email, they were unable to access the attachment.
The Court further stated that the District Legal Services Authority (DLSA) did not notify the prison authorities of the suspension of the sentencing order. As a result, although the plaintiff was granted bail, he remained in prison due to the negligence of the prison authorities, according to the court.
“The plaintiff, although he was released and could have enjoyed his freedom, was forced to remain in prison only because the prison authorities did not pay attention to contacting the Registry or the Court of Session regarding the order passed by this Court,” said the Court.
He blamed the incident on the incompetence of the prison authorities and ordered the state to pay compensation of Rs 1 lakh within 14 days for the “serious mistake”.
What is happening now?
Given the seriousness of the situation, the Court asked all DLSAs to collect information on all convicts who had been granted bail but were not yet released.
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“The DLSA will collect the reasons why they have not been released either due to lack of guarantee or due to non-execution of prison bonds or for any other reason,” the Court ordered when listing the matter for hearing on October 18 to guarantee the compliance with directions.
The state was represented by Additional Public Prosecutor Ronak Raval.
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Source: vtt.edu.vn