The Brooklyn mom jailed for refusing to let her 9-year-old son visit his rapist father in prison was ordered freed Monday night by the judge who locked her up in the first place. 

Sukhwant Herb, 29, who defied Brooklyn Family Court Judge Robin Sheares' visitation order, was to be released to her lawyer's custody. 

Sheares abrupt change of mind came after the Daily News reported on Sunday how Herb was sentenced to 50 days at Rikers Island on June 10 for refusing to send young Seon into the "horrible, horrific" environment of prison. 

High court officials were shocked that Sheares locked Herb up without giving her a chance to post bail, as well as by the judge's comments in court, according to sources. 

At a June 10 hearing, Sheares ranted, "Shame, shame, shame, you see how shameful she [Herb] is," according to a transcript. "She's gonna get arrested and her kids are not gonna know where she is." 

Last night, the judge said that Herb must appear in court today with her son as a condition of her freedom. 

"No bail in a case like this is really shocking," said Herb's lawyer, Dale Frederick. "My client has not been charged with a crime, has never been charged with a crime - and even felons get bail," said. 

The case began when Herb, who first agreed to the prison visits last Sept. 15, changed her mind, ignored the order and skipped four court appearances. 

Seon Jonas, the father of Herb's son, was convicted in 2003 of raping three women in Phoenix - while he and Herb were living in Phoenix - and is serving 27 years in a state prison.

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