1 lakh compensation for wrongful jail for 3 years (Pdf Attach)

In Gujarat, a prisoner who had been granted bail in 2020 found himself enduring an extended incarceration of three additional years. This unfortunate situation unfolded due to the prison authorities’ assertion that they were unable to access the emailed bail order, which had been sent as an attachment by the High Court registry. The case in question pertains to Chandanji, also known as Gato Chhanaji Thakor, against the State of Gujarat.

A panel composed of Justice AS Supehia and Justice MR Mengdey issued a directive mandating the State to provide a compensation of ₹1 lakh to Chandanji Thakor, a 27-year-old convict, following a recent application submitted by him.

“In the current situation, the Court’s registry had explicitly communicated the order granting regular bail to the applicant to the prison authorities. It is essential to clarify that the jail authorities did indeed receive this email communication. However, the jail authorities have asserted that due to the challenges posed by the COVID-19 pandemic, they were unable to execute the necessary actions despite receiving the email, as they faced difficulties in opening the attached document,” the Court stated in its order.
The Court also emphasized that while the email had been forwarded to the District Sessions Court, there was a lack of proactive measures taken by the Court to ensure the proper execution of the bail order for the convict.

“The current case serves as a stark revelation,” remarked the Court.

Moved by the injustice endured by the prisoner, who remained incarcerated for nearly three years despite being granted bail, the Court expressed its inclination to award compensation to the individual.

The convict had been serving a life sentence in connection with a murder case, and his sentence was suspended on September 29, 2020.

The High Court registry had conveyed this information to the prison authorities through email. However, due to the challenges posed by the COVID-19 pandemic, the email went unnoticed by the jail authorities, resulting in the Court’s order not being put into effect.

The jail authorities asserted that they were unable to take the required actions because of the COVID-19 pandemic. Despite receiving the email, they claimed they faced difficulties in opening the attachment.
Furthermore, the Court highlighted that the District Legal Services Authority (DLSA) had neglected to bring the suspension of sentence order to the attention of the prison authorities.

Consequently, despite the applicant being granted bail, his incarceration persisted due to the inaction of the prison authorities, as emphasized by the Court.

“The applicant, who could have otherwise enjoyed his freedom upon release, was compelled to endure further imprisonment solely because the jail authorities failed to take the initiative to contact the Registry or the Sessions Court in relation to this Court’s order,” the Court declared.

The Court attributed the unfortunate situation to the negligence of the jail authorities and instructed the State to provide the ₹1 lakh compensation within a 14-day timeframe, deeming this incident a “serious lapse.”

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