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Madhu Bala vs State on 22 February, 2023

Author: Mukta Gupta

Bench: Mukta Gupta

                           $~1
                           *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +     CRL.A. 161/2011
                                 MADHU BALA                                  ..... Appellant
                                            Represented by: Ms. Anu Narula, Adv.
                                                 versus

                                 STATE                                                ..... Respondent
                                               Represented by:     Mr. Prithu Garg, APP for State (thru
                                                                   VC) with Insp. Veer Singh, PS Dabri.
                                                                   Dr. Anadrika, Assistant Prof. With
                                                                   Dr. Sankalp, S.R, IHBAS.
                                                                   Mr. Amresh Goyal, Dy.
                                                                   Superintendent (Litigation) Tihar Jail.
                                                                   Mr. Tushar Sannu, SC, IHBAS with
                                                                   Mr. Azad Bansala, Adv.

                                 CORAM:
                                 HON'BLE MS. JUSTICE MUKTA GUPTA
                                 HON'BLE MS. JUSTICE POONAM A. BAMBA
                                               ORDER

% 22.02.2023

1. Dr. Anadrika Debbarma, Assistant Professor (Psychiatry) and a member of the Medical Board which evaluated the appellant on 20 th February, 2023 at IHBAS is present along with Dr. Sankalp Jain, Senior Resident, the treating doctor of the appellant.

2. A medical report of examination with the conclusion of the Board as also the assessment of the Board and the clinical summary of the appellant has been placed on record.

3. Registry will ensure that these reports are scanned and their soft-copy is placed on record. Photocopy of the reports have been supplied to learned counsel for the appellant and learned APP for the State in the Court.

4. Since as per the report, the Paranoid Schizophrenia of the appellant is in remission at this stage, she is fit to defend her appeal. Hence the appeal is required to be heard on merits.

5. Learned counsel for the appellant would be at liberty to visit IHBAS and interact with the appellant so as to take any necessary instructions to defend the appeal before the next date of hearing. The authorities at IHBAS will permit the access of learned counsel to the appellant.

6. Deputy Superintendent, Central Jail Tihar is present in Court and confirms that when the appellant was shifted to Sudinalaya or to IHBAS, no personal bond or surety bond was furnished. Hence the appellant continues to be in judicial custody till date.

7. List this appeal for hearing on 15th March, 2023.

8. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

POONAM A. BAMBA, J.

FEBRUARY 22, 2023 'ga' Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Signing Date:23.02.2023 18:01:05