Man Jailed For Extra 3 Years In Rare Case Because Authorities Couldn't Open An Email

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A convict in Gujarat who was granted bail in 2020 remained imprisoned for another three years, claiming that the prison authorities were unable to open the bail order, which was sent to them by the High Court registry as an attachment to an email [Chandanji @ Gato Chhanaji Thakor V. State of Gujarat].

Why was this man kept in jail for an extra three years after bail?

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After a new application was filed by Chandanji Thakor, a 27-year-old inmate, a division bench of Justice AS Supehia and Justice MR Mengdey directed the state to give him one lakh rupees in compensation.

"In the present case, the registry of this Court had categorically informed the jail authorities about the order passed by this Court releasing the applicant on regular bail. It is not the case that such an email 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 email, they were unable to open the attachment," the Court noted in its order.

The Court also stated that, despite the fact that the email was forwarded to the District Sessions Court, no measures were taken by the Court to ensure that the order releasing the convict on bail was properly enforced.

"The present case is an eye-opener," the Court stated.

How did the case come forward?

Given the prisoner's circumstances, the court expressed a willingness to compensate him after he spent over three years in jail despite having obtained bail.

On September 29, 2020, the defendant was serving a life sentence in a murder case when his sentence was suspended.

The High Court registry notified the jail authorities via e-mail; however, owing to the COVID-19 epidemic, the e-mail was not seen by the jail officials, and the court's order was not enforced.

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The jail officials said that appropriate action could not be taken owing to the COVID-19 outbreak and that despite receiving the email, they were unable to access the attachment.

The Court further stated that the District Legal Services Authority (DLSA) failed to notify the jail authorities of the suspension of the sentence order. As a result, even though the applicant was granted bail, he remained in prison due to the prison authorities' negligence, according to the court.

¡°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 passed by this Court,¡± said the Court.

It blamed the event on the jail authorities' incompetence and ordered the state to pay the Rs 1 lakh compensation within 14 days for the "serious lapse."

What is happening now?

Given the gravity of the situation, the Court asked all DLSAs to compile information on all convicts who had been granted bail but had not yet been released.

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¡°The DLSA shall collect the reasons for their not having been released either for want of surety or non-execution of the jail bonds or for any other reason,¡± the Court directed while listing the matter for hearing on October 18 to ensure compliance with the directions.

The state was represented by Additional Public Prosecutor Ronak Raval.

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