23 September 2019
New Delhi: The Supreme Court on Monday said it was "very odd" and "strange" that an accused was released from jail on "oral instruction" from a magistrate despite the apex court order cancelling his bail.
A bench headed by Justice N.V. Ramana also said that it might order an inquiry in the case that involves the magistrate concerned when the court was informed that the accused, who had visited the prison, was released on oral instruction.
The court was informed by the jail superintendent of Gautam Buddh Nagar district jail in Uttar Pradesh who appeared before it in pursuance of the top court order.
Last week the top court issued a non-bailable warrant against the Gautam Buddh Nagar district jail superintendent for releasing an accused from prison whose bail had been cancelled earlier by the apex court.
On Monday, the top court said: "It is very odd that he (jail superintendent) did it on oral instruction of the magistrate. It is strange. There was the order of this court staying his (accused) release from the jail," the bench said and listed the matter for further hearing in November.
The top court also pulled up the jail superintendent and said that it is very odd that the superintendent did it on oral instruction of the magistrate.
The court said the jail superintendent did not even bother about the Supreme Court order.
The court called it a "serious matter" and asked both the parties to file documents if needed.
The court was hearing a contempt plea, filed by one Matru alias Prem Chand who alleged the jail superintendent set free an accused Arun whose bail had stood cancelled by the Supreme court.
The apex court had set aside the Allahabad High Court's order granting bail to Arun and directed that he should not be released if he was under custody.
Following the order, the jail superintendent sought a new prison custody warrant for the accused from the trial court, but without waiting for it, he released the accused, the petitioner said.