38.6c New Delhi, India, Monday, June 17, 2024
Judiciary

Gujarat High Court castigates jail authorities for not releasing convict despite bail [Read Order]

By LAWSTREET NEWS NETWORK      30 September, 2023 01:23 PM      0 Comments
Gujarat High Court castigates jail authorities for not releasing convict despite bail Read Order

The Gujarat High Court castigated the Sabarmati jail authorities for their negligence in not releasing a life convict despite having been granted bail three years ago, as they could not open the attachment in the email.

A division bench of Justice A S Sephia and Justice M R Mengdey ordered the Gujarat government to pay Rs one lakh compensation to the hapless man, Chandanji alias Gato Chhanaji Thakor who suffered incarceration for three years for no fault of his.

The court expressed displeasure with the administrations of Mehsana sessions court and the Sabarmati jail for not paying heed to the email in which the ball order was sent for prisoner Chandanji Thakor, who was awarded life imprisonment in 2020 in a murder case.

"The present case is an eye opener," the bench said.

The bench noted that the HC had suspended Thakor's sentence in September 2020 and sent an email in this regard to the sessions court and the prison.

The Mehsana court didn't notice the mail, and while the jail authorities took note of it, they claimed, the attachment with the email containing the ball order could not be opened.

"Due to the remissness on the part of the jail authorities, the applicant, though was released by this Court on regular bail vide order dated 29.09.2020 in the appeal, remained incarcerated in the jail. During his incarceration period, his jail remarks show that he was released on temporary bail and furlough on few occasions also. The applicant, though was released and could have enjoyed his freedom, was forced to remain in jail only because no attention was paid by the jail authorities to contact the Registry or Sessions Court with regard to the order," the bench said.

Thakor approached the HC as there was no action by authorities despite the court suspending his sentence. After HC pulled up the authorities, Thakor was released on September 21.

On September 22, the HC ordered compensation for the prisoner and criticised the District Legal Services Author it for having failed to notice Thakor's release since it has been tasked with pointing out such cases to the court.

Looking at the seriousness of the issue, the HC directed the DLSA to collect data of such undertrial prisoners and convicts in whose favour bail orders have been passed, but they have not been released.

The bench noted in the case Registry of this court had categorically informed the jail authorities aboutthe order passed by this Court releasing the applicant on regular bail. It is not the case that such E-mail was not received by the jail authorities. It is the case of the jail authorities that necessary action could not be taken in view of the Covid-19 pandemic and though they have received the E-mail, they were unable to open the attachment.

It is also noticed that though the E-mail was sent to District Sessions Court, Mehsana, no efforts were made by the Court to see that the order, which is passed by the Division Bench of this Court releasing the convict on bail, is appropriately implemented and no follow-up was taken, it said.

[Read Order]



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Gujarat High Court References 'Manusmriti' to Discuss Early Marriage and Abortion of Minor's Pregnancy Gujarat High Court References 'Manusmriti' to Discuss Early Marriage and Abortion of Minor's Pregnancy

Read about the Gujarat High Court's reference to the 'Manusmriti' in a case involving the abortion of a minor's pregnancy. Explore the court's perspective on early marriages and the importance of seeking medical opinions on termination.

Gujarat High Court Denies Bail to Man for Obscene Comments on PM and Late Mother [Read Order] Gujarat High Court Denies Bail to Man for Obscene Comments on PM and Late Mother [Read Order]

The Gujarat High Court denies bail to a man accused of posting obscene comments about the Prime Minister and his late mother on Facebook. Learn about the court's reasoning behind the decision, the impact of such actions on society, and the potential consequences of allowing such individuals to roam freely.

Plea for Abortion: Gujarat High Court Explores Possibility of Compromise Between Rape Survivor and Accused Plea for Abortion: Gujarat High Court Explores Possibility of Compromise Between Rape Survivor and Accused

The Gujarat High Court judge explores the possibility of a compromise between a minor rape survivor and the accused while considering a plea for the abortion of her seven-month-old fetus. Discover the court's perspective and the legal proceedings involved in this sensitive case.

Gujarat High Court Dismisses Teesta Setalvad's Bail Plea in 2002 Riots Fabricating Evidence Case Gujarat High Court Dismisses Teesta Setalvad's Bail Plea in 2002 Riots Fabricating Evidence Case

The Gujarat High Court has dismissed activist Teesta Setalvad's bail plea in a case related to fabricating evidence in the 2002 riots cases. The court cited evidence of influencing witnesses and attempting to disrupt a democratically elected government. Setalvad has been directed to surrender immediately.

TRENDING NEWS

women-including-housewife-approach-ncw-against-controversial-ips-officer-gyaneshwar-singh
Trending Crime, Police And Law
Women, including housewife, approach NCW against controversial IPS officer Gyaneshwar Singh

Two women approach NCW against controversial IPS officer Gyaneshwar Singh, citing harassment for tweets based on news reports about his involvement in high-profile cases.

17 June, 2024 03:10 PM
courts-this-week-law-street-journal-s-weekly-round-up-of-sc-anf-hcs-june-10-june-15
Trending Judiciary
Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [June 10 - June 15]

Get the latest updates from the Supreme Court of India and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

17 June, 2024 03:29 PM

TOP STORIES

plea-filed-in-sc-for-fresh-neet
Trending Judiciary
Plea filed in SC for fresh NEET

Plea filed in Supreme Court seeks fresh NEET-UG 2024 exams due to alleged paper leaks and malpractices. Petitioners demand a Special Investigation Team and preventive measures.

11 June, 2024 10:49 AM
plant-30-trees-delhi-hc-orders-senior-citizen-accused-of-outraging-womans-modesty
Trending Judiciary
'Plant 30 trees', Delhi HC orders senior citizen accused of outraging woman's modesty

Plant 30 trees Delhi High Court orders senior citizen accused of outraging womans modesty

11 June, 2024 11:17 AM
no-liability-under-ni-act-for-dishonoured-cheques-of-merged-banks-presented-after-validity-period
Trending Judiciary
No liability under NI Act for dishonoured cheques of merged banks presented after validity period [Read Order]

Allahabad High Court rules that dishonoured cheques from merged banks presented after the validity period won't attract liability under Section 138 of the NI Act.

11 June, 2024 11:29 AM
modi-30-cabinet-full-list-of-ministers-and-their-respective-portfolios
Trending Executive
Modi 3.0 Cabinet: Full list of ministers and their respective portfolios

Modi 3.0 Cabinet: Amit Shah, S. Jaishankar, Nirmala Sitharaman, and Rajnath Singh retain key roles; allies TDP, JD(U), LJP, JD(S) secure major ministries.

11 June, 2024 03:11 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email