20 Dec 2020 4:54 AM GMT
Recently, the Allahabad High Court called the conduct of the Jailer/Jail Superintendent, who refused to release the applicant, Vinod Baruaar as the word 'Kumar' was missing to his name in bail order of the Allahabad High Court, "not only reprehensible, but also contumacious". The Bench of Justice J. J. Munir directed the Jail Superintendent/Jailer to appear before the Court and...
Recently, the Allahabad High Court called the conduct of the Jailer/Jail Superintendent, who refused to release the applicant, Vinod Baruaar as the word 'Kumar' was missing to his name in bail order of the Allahabad High Court, "not only reprehensible, but also contumacious".
The Bench of Justice J. J. Munir directed the Jail Superintendent/Jailer to appear before the Court and explain as to why appropriate departmental inquiry may not be recommended against him.
The matter before the Court
It was prayed before the Court that the applicant's name, shown as "Vinod Baruaar" in the cause title of the bail application and also in the rejection order dated 04.09.2019 passed by the learned Additional Sessions Judge/F.T.C.-II, Siddharthnagar, in Bail Application No. 731 of 2019, may be corrected to "Vinod Kumar Baruaar".
It was submitted by the counsel for the applicant that despite HC's order granting him bail on 09.04.2020, the applicant was not released from jail.
In fact, the jail authorities refused to comply with the release order passed in the case, because the name mentioned in the release order was "Vinod Baruaar", whereas that in the remand sheet, his name is "Vinod Kumar Baruaar".
On this technicality, the Jail Superintendent/Jailer flouted the bail order of the High Court by refusing to release the applicant.
In these circumstances, the applicant made an application for correction of the applicant's name to the learned Trial Judge, who refused to correct the name in the release order, contrary to the order passed by the High Court.
Reprimanding the conduct of the Jail Superintendent/Jailer, the Court said,
"This Court does not appreciate our orders being flouted with impunity. This Court fails to understand that when the applicant's name mentioned in the bail rejection order is 'Vinod Baruaar', then why 'Kumar' must be added to the name mentioned in the bail order, in order to make it effectual."
The Court also remarked,
"This kind of a trifling of mistake pointed by the Jail Authorities must invite severe punishment, unless there is a serious doubt or dispute about the identity of the applicant. That, apparently, is not the case here."
Further, the Court noted,
"The sole purpose of not complying with the bail orders for all these eight months appears to be, prima facie, an obstinate attitude of the jail administration in carrying out the orders of this Court. In the process, they have deprived a citizen of his liberty, without any just or reasonable cause, since April, 2020 till date. This illegal deprivation of liberty is patently an illegal confinement and that too, during these perilous CoViD-19 times."
Lastly, the correction application was rejected by the High Court with orders that the applicant, Vinod Baruaar, with that name, be forthwith released upon a release order to be passed by learned Special Judge (Rape and POCSO Act Cases), Siddharthnagar within the time period of 24 hours.
The Jailer/Jail Superintendent was directed to comply with the release order passed by the Special Judge (Rape and POCSO Act Cases), Siddharthnagar and forthwith release the applicant, without raising any objection about absence of "Kumar" to his name.
[Update - An affidavit of compliance was filed by Rakesh Singh, Superintendent, District Jail, Siddharth Nagar on 08th December and he also appeared in person. He furnished the explanation for non compliance with this Court's order.
He stated in his affidavit that the "applicant has been released from prison on 08.12.2020 at 12:22 hours."
In consequence, the Court "reluctantly accepted" the delay in release of the applicant. The personal presence of the Jail Superintendent was exempted. He was "warned to remain careful in future."]
Case Title - Vinod Baruaar v. State of U.P. [Criminal Misc. Bail Application No. - 3837 of 2020]
Click Here To Download Order