Delhi High Court - Orders
Madhu Bala vs State on 15 February, 2023
Author: Mukta Gupta
Bench: Mukta Gupta
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 161/2011
MADHU BALA ..... Appellant
Represented by: Ms. Anu Narula, Adv. (thru VC)
versus
STATE ..... Respondent
Represented by: Mr. Prithu Garg, APP for State with
Insp. Veer Singh, PS Dabri.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
HON'BLE MS. JUSTICE POONAM A. BAMBA
ORDER
% 15.02.2023
1. Vide order dated 7th December, 2022 this Court had directed the Superintendent, Tihar Jail to send a fresh updated nominal roll of the appellant for the reason though lodged in IHBAS and granted suspension of sentence, no bond was furnished by the appellant and thus she would be deemed to continue in judicial custody. Therefore, the period spent by the appellant in IHBAS will also have to be considered as the period in custody.
2. Considering these facts a latest updated nominal roll has been sent by the Superintendent Tihar Jail as per which the period including the period of stay at IHBAS by the appellant with remissions is more than 18 and a half years.
3. As per the medical report dated 31st May, 2011 from IHBAS the appellant is a follow-up patient since 22nd May, 2009 and was admitted at IHBAS from 6th October, 2009 to 10th November, 2009 and was diagnosed to be suffering from Paranoid Schizophrenia. During the course of trial a Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Signing Date:15.02.2023 15:04:08 report was received from the Board of Doctors of IHBAS that the appellant was competent to stand trial and hence the learned Trial Court proceeded with the trial.
4. Learned APP for the State submits that he had earlier e-mailed the written submissions which are not on record. He will file his written submissions along with the judgments relied upon.
5. List the appeal for hearing on 22nd February, 2023 on which date Medical Superintendent (IHBAS) will place the entire medical history of the appellant before this Court right from the inception when the treatment of the appellant started at IHBAS. Medical Superintendent IHBAS will also submit a report as to whether the appellant as on today, who is presently admitted in IHBAS, is fit to defend the appeal filed by her.
6. Necessary intimation of this order will be given to IHBAS by the Investigating Officer.
7. Order be uploaded on the website of this Court. Order dasti under the signatures of the Court Master.
MUKTA GUPTA, J.
POONAM A. BAMBA, J.
FEBRUARY 15, 2023 'ga' Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Signing Date:15.02.2023 15:04:08