Middle name missing from bail order, man spends 8 mths in jail
Rajesh Kumar Pandey TNN
Prayagraj:21.12.2020
The Allahabad HC has warned the superintendent of Siddharthnagar district jail to remain careful in future in the matter of release of applicants on orders passed by it. The jail superintendent had kept a man in illegal confinement for eight months after he was granted bail by the HC as his middle name, Kumar, was missing in the bail order.
As per an earlier direction passed by the court, Siddharthnagar district jail superintendent Rakesh Singh appeared before it and filed an affidavit stating the applicant had been released from the prison on December 8. Justice J J Munir said, “The explanation furnished for non-compliance of this court’s order, and, in consequence, delaying release of the applicant is reluctantly accepted.”
The applicant’s name in bail order was mentioned as ‘Vinod Baruaar’, whose bail application was earlier rejected by Siddharthanagar additional sessions judge on September 4, 2019. Hence, he filed a bail application before the high court. On April 9, the high court directed his release on bail. But he was not released as the jail authorities refused to comply with the release order passed in this case because the name mentioned in the order was ‘Vinod Baruaar’, whereas in the remand sheet his name was ‘Vinod Kumar Baruaar’.
The court came to know about his confinement when he moved an application for name correction. While hearing the application, the court took serious note of his confinement due to small technicality and directed the release of the applicant.
The court then summoned the jail superintendent of Siddharthnagar district jail observing, “It is on small technicality that the jail superintendent has flouted the bail order of high court .”
The jail authorities refused to comply with the HC order on bail because the name mentioned in it was ‘Vinod Baruaar’, whereas in the remand sheet his name was ‘Vinod Kumar Baruaar’
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