Release of accused whose bail stood cancelled: Supreme Court issues Non-Bailable Warrant against UP District Jail Superintendent

A non-bailable warrant has been issued by the Supreme Court against the Jail Superintendent of the Gautam Budh Nagar District Jail in Uttar Pradesh for releasing an accused person whose bail had been cancelled by the Supreme Court..The order was passed by a Bench of Justices NV Ramana and Ajay Rastogi in a contempt plea filed by one Matru alias Prem Chand,.It has been contended that the alleged contemnor, Vipin Mishra, who is the Jail Superintendent of a district jail in UP, released an accused person whose bail had been cancelled by the Supreme Court..This was not an unwitting act but the contemnor “deliberately and wilfully violated the order passed by this Hon’ble Court” and should be liable for contempt of Court, the plea states..By way of background, the accused Arun had been granted bail by the Allahabad High Court on the ground that he had no criminal antecedents. This bail order was challenged before the Supreme Court by way of a Special Leave Petition..The Supreme Court had set aside the decision of the High Court and cancelled the bail granted to Arun. All the orders of the Supreme Court had been furnished before the Trial Court and formalities completed, the applicant states..The Jail Superintendent thereafter issued a letter to the ACJM II apprising him of the order of the Supreme Court. He sought new jail custody warrant for the accused from the Judge..However, it is alleged that without waiting for the custody warrant, the Jail Superintendent released the accused, which is in clear violation of the orders of the Supreme Court..The accused, upon his release, has gone on to commit several offences, including offences against the applicant, the plea states. These offences include an attempted murder of the applicant, for which the Police refused to register a First Information Report, it is further submitted..The ACJM II issued non-bailable warrants against the accused but till date, the alleged contemnor has failed to take action to secure the custody of the accused, the applicant adds..The Supreme Court has now issued non-bailable warrants against him requiring his presence before the Court on the next date of hearing which is fixed for September 23..The petitioner was represented by Advocate Jagjit Singh Chhabra and the Respondent was represented by Senior Counsel V Shekhar and Advocates Sarvesh Singh Baghel, Pranav Kashyap, and Kamlendra Mishra..[Read Order].[Read contempt petition]