Accused languishes in jail after Trial Judge misinterprets Supreme Court bail order; SC calls for action

However, the accused was produced before the trial court judge a month later since Nellore Central Prison where the accused was lodged received a physical copy of the Supreme Court order only on October 6, 2020. By then, due to COVID-19 pandemic, the movement of the prisoner was not immediately possible, it was highlighted.

Eventually, he was produced before trial judge who on October 29 dismissed the bail plea stating the three days limitation to produce accused had lapsed. Thus the accused kept languishing in jail.

Terming it a “very sorry state of affairs,” the Supreme Court has now asked the Andhra Pradesh High Court to seek an explanation from the trial court judge as to how the bail order of the top court was misinterpreted by him.

“This case portrays very sorry state of affairs. We are surprised that a judicial officer had read the order passed by this Court, in the manner as it gets disclosed from his order,” the top court said.

The reason why stipulation of three days was inserted was to expedite the process of release on bail, the apex court emphasised.

“The reason was not to put any limitation of a specified period within which time alone the bail could be availed and not thereafter,” the Supreme Court said.

Source: Barandbench