This year a unique case was known. A Gujarat convict who was granted bail in 2020 remained in jail for another three years, alleging that the jail authorities failed to open the bail order, which the High Court registry sent to them 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 come to light?
- What finally happened?
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 ordered the state to pay him Rs one lakh in compensation.
“In this case, the Registry of this Court had categorically informed the prison authorities of the Court’s order to release the petitioner on bail.” It is not true that jail officials did not receive that email. “The prison authorities’ argument is that adequate measures could not be taken due to the COVID-19 outbreak and despite receiving the email, they were unable to access the attached file,” the Court stated in its ruling.
The Court further ruled that despite sending the email to the District Sessions Court, no steps were taken to ensure that the offender’s bail order was properly complied with. “This case is revealing,” the Court stated.
How did the case come to light?
Under the circumstances, the court expressed its willingness to compensate the prisoner after he spent more than three years in prison despite being granted bail. The defendant was serving a life sentence in a murder case when his sentence was suspended on September 29, 2020.
The High Court registry contacted the prison authorities by email; However, jail officials did not see the email due to COVID-19 infection and the court order was not enforced.
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Jail officials stated that due to the COVID-19 outbreak, necessary measures could not be taken and despite receiving the email, they were unable to read the attached file. According to the Court, the District Legal Services Authority (DLSA) also failed to notify the prison authorities of the suspension of the sentencing order.
As a result, despite being granted bail, the plaintiff remained in prison due to the incompetence 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,” the court said.
He blamed the incident on the negligence of the prison authorities and ordered the state to pay compensation of Rs 1 lakh within 14 days for the “serious mistake”.
What finally happened?
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Given the urgency of the issue, the Court directed all DLSAs to collect information on all offenders who were granted bail but are yet to be released.
“The DLSA will collect the reasons why they have not been released, whether due to lack of bail or non-execution of prison bonds or for any other reason,” the Court ordered when scheduling a hearing on October 18 to guarantee compliance. .
Additional Public Prosecutor Ronak Raval represented the State.
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Source: vtt.edu.vn