The Allahabad High Court recently called the conduct of the Jail Superintendent/Jailer who had refused to release a prisoner only because the word ‘ Kumar’ was missing from his Bail order, reprehensible and contumacious.
Hon’ble Court also directed the Jailer/ Jail Superintendent to appear before it and explain departmental inquiry should not be initiated against him, however later on the court exempted the personal presence with a warning
Prayer of the Applicant
Before the Court, the Applicant prayed that his name was shown as Vinod Baruaar in the cause title of the bail order and also in rejection letter order which was passed by Additional Sessions Judge on 04/09/2020 and it should be corrected to “Vinod Kumar Baruaar”.
Learned Counsel for the Applicant submitted that despite bail was granted by the Hon’ble High Court on 09/04/2020, Mr Baruaar was not released from jail.
As per the jail authorities, the reason behind not releasing him on bail was that the name mentioned on the release order was Vinod Baruaar. In contrast, Vinod Kumar Baruaar was mentioned in the charge sheet.
In this regard, an application was for correction was filed before the Trial Court Judge, but the Judge refused to correct the name in release order even though the Hon’ble High Court passed an order.
Reasoning of the Court
After going through all the facts of the case, the Court observed that its order was flouted with impunity by Jailer/ jail Supretendant and there was no reason why the word should be added to release order to make it effectual.
The Court further remarked that because the Jail authorities have taken refuge behind such a small technical error, they have invited severe punishment.
It was further noted that the stubborn nature of the jail authorities is the reason why an applicant had to spend eight more months in the jails during perilous Covid-19 months.
Direction of the Court
Hon’ble High Court rejected the correction application directed that the Vinod Baruaar should be released by a release order passed by the Special Judge ( Rape and POCSO cases) within 24 hours.
Jail Superintendent/ Jailer was told to comply with released order passed by the Special Judge, and he should not make any objection about the absence of the word Kumar.
Title: Vinod Baruaar vs the State of UP
Case No.: CRIMINAL MISC. BAIL APPLICATION No. – 3837 of 2020
Date of Order:07.12.2020 and 08.12.2020
Coram: Hon’ble Justice JJ Munir