G.M. LODHA, Actg. C.J.—On 20.10.87, the following order was passed by this court:- "No reply has been filed by the respondents. Heard. In the facts and circumstances of the case, it would be proper to pass an interim order for releasing Ratania on bail. He shall be released on bail on his furnishing a personal bond in the amount of Rs. 10,000/- together with two sureties each in the amount of Rs. 5000/- to the satisfaction of the learned Sessions Judge, Pratapgarh to put appearance in this Court whenever called upon to do so. Before Ratania is released on bail, he will be got medically examined by the head of the department, Psychiatry, S.M.S. Hospital, Jaipur or from a medical board to be constituted for that purpose by the Principal, S. M. S. Medical College, Jaipur That certificate will be sent to this Court by the Superintendent, Central Jail, Jaipur. Put up on 18/11/87." 2. It is a case where the accused was acquitted on 22. 9. 76 on the ground of insanity. The report of Superintendent, Manovagyanic Chikitsalaya, Jaipur dated 26. 10. 77 states that Ratania has been treated for insanity and he has been cured. For some reason or the other, Ratania continued to be detained. An application of Moti u/s 335 was dismissed by the District & Sessions Judge on the ground that the Court has got no jurisdiction now because earlier order has been passed not to give his custody to friend or next of kin and u/s. 338. It was only State Govt., who is competent to pass order. No order has been passed by the State Govt. So far. Even though on 24. 1. 83, the Collector, Chittogarh, wrote to the Deputy Secretary in the Home Department at Jaipur to release Ratania, if some of his relatives takes responsibility to undertake his medical care and treatment. The letter dated 24. 1. No order has been passed by the State Govt. So far. Even though on 24. 1. 83, the Collector, Chittogarh, wrote to the Deputy Secretary in the Home Department at Jaipur to release Ratania, if some of his relatives takes responsibility to undertake his medical care and treatment. The letter dated 24. 1. 83 reads as under:- vkSj ls ftyk n.Muk;d] fpÙkkSM+x<+A dks& mikklu lfpo] x`g ¼xzqi 12½ foHkkx jktLFkku ljdkj] t;iqjA U;k;@tks@82@202] 204 fnukad 24 tuojh] 1983 fo"k;& Jhjrfu;k dks /kkjk 339 tk-Qks- ds vUrxZr fjyht djus ds lEcU/k esaA egksn;] fuosnu gS fd eq-ua- 20@74 js-Qks- /kkjk 302 rk-fg- U;k;ky; lsku tt izrkix< ds fu.kZ; fnukad 22-9-76 ls eqyfte Jhjrfu;k dks /kkjk 84 rk-fg- dk ykHk nsdj nks"keqä fd;k tkdj /kkjk 335¼1½ , ds vUrxZr lS.Vªy tSy] t;iqj ls lsQ dLVMh esa j[kk x;k rc ls jrfu;k lS.Vªy tSy] t;iqj esa gh gSA ;g fd fnukad 12-11-82 dks Jh jrfu;k ds HkkbZ Jh Åadkj firk xCck Mkaxh fuoklh ikyksj }kjk ,d izkFkZuk i= bl vkk; dk izLrqr fd;k x;k fd og Lo;a o mlds fjrsnkj vkfn jrfu;k ls feydj vk;s gS] tc ;g ikxy ugha gS] vr% mldks ge vius lkFk j[kuk pkgrs gSA Jh Åadkj ds izkFkZuk i= ds vk/kkj ij v/kh{kd lS.Vªy tSy] t;iqj ls jrfu;k ds LokLF; vkfn ds ckjs esa tkudkjh pkgh rks mUgksaus pfdRlk vf/kdkjh dsUnzh; dkjkx`g fpfdRlky; lS.Vªy tSy] t;iqj dk ;g i= vfxze dk;Zokgh gsrq Hkstk gSA fpfdRlk vf/kdkjh dh fjiksVZ ls izdV gksrk gS fd ;fn jrfu;k ds fjrsnkj chekj dks nokbZ nsus o pSd djus dh ftEesokjh ys rks mldks fjgk fd;k tk ldrk gSA bl i= ds lkFk fpfdRlk vf/kdkjh dsUnzh; dkjkx`g fpfdRlky; t;iqj ds i= Øekad 18%83 fnukad 10-1-83 dh izfrfyfi layXu dj fuosnu gS fd Jh jrfu;k dks lkrZ fjyht djkus dh Loh—fr iznku QjekosaA Hkonh; ftyk n.Muk;d fpÙkkSM+x<+ 3. It is surprising and shocking that the State Govt. has not passed any order on it so far either accepting or rejecting the prayer of the Collector. 4. Moti, who is a near relative of Ratania, is struggling hard for getting his release after his acquittal in 1976 but unfortunately on account of technical delay delaying correspondence between the Collector and the Govt, sometimes, and sometimes, between the Superintendent, Jail and the medical authorities. Ratania continued to be detained in Jail even after his acquittal in 1976 i. e. for a period of 11 years. Ratania continued to be detained in Jail even after his acquittal in 1976 i. e. for a period of 11 years. Even according to the provisions of sections 355 and 338 Cr. P. C., prompt and immediate orders were expected from the concerned authorities but this case displays how scant regard has been paid to his liberty and how even after acquittal, a citizen has remained in jail for such a long period without proper orders u/s 338 by the Govt., which should have been passed at least after the Collector recommended his release. 5. To add insult to injury, even the order of this Court dated 20.10.87 in which it was directed that he may be released on bail after the Principal of the Medical College gets him examined by the Head of the Department or by the Medical Board to be constituted has not been complied with. Till now we have not received the report of the Medical Board even though the Principal S. M. S. Medical College directed on 27.11.87 that Dr. J. N. Vyas, Dr. Shiv Gautam and Dr. D. S. Pokharana should examine Ratania and send his report by 2.12.87. 6. We feel that it is one of those grave exceptional cases where a citizens liberty, guaranteed by the Constitution under Articles 20 and 21 of the Constitution of India, and inspite of service of authoritative pronouncements of the Honble Supreme Court not to permit such persons to languish in Jail, after acquittal or even without trial has been jeopardised for about one decade. 7. The fact that the State Govt, did not pass any order at least to the knowledge of this Court or the party or Govt. Advocate representing the State, till date after the recommendation of the District Magistrate on 24.1.83 shows that very chaotic condition is prevailing, more so when the liberty of a citizen is involved. An additional feature of the case that even the Medical Board appointed, has not sent the report so far make the condition worst. It is obvious that none of the functionaries whosoever have considered this matter worth making any attempt whatsoever and kept the entire correspondence in cold storage and threw the communications it waste paper basket, including that of the Collector Concerned. 8. It is obvious that none of the functionaries whosoever have considered this matter worth making any attempt whatsoever and kept the entire correspondence in cold storage and threw the communications it waste paper basket, including that of the Collector Concerned. 8. We, therefore, express our serious concern and depricate the indiffe-rence, lethargy towards human liberty of the officials concerned and in particular, we deprecate the State functionaries not responding to the letter of the Collector of 1982 till now when we are at the end of 1987. Equally depreciable and reprehensive is the inaction in not promptly getting medically examined the concerned person i. e. Ratania, We therefore order his immediate release without any condition in super-cession of the order of the bail passed earlier. 9. We further direct that Ratania would be given to the custody of Moti to take care of his health and get him medically checked up and prompt treatment is necessary. 10. It would, of course, always be permissible for the concerned authorities under the Indian Lunacy Act to take appropriate steps in case after release, it is found that Ratania gets and fit of insarity or again develops it or he when becomes health heard to public in general. The Habeas Corpus petition is accepted. The order of release would be sent today by office to all concerned. Copies be sent to the Chief Secretary and Home Secretary immediately.