Delhi High Court - Orders
Madhu Bala vs State on 24 August, 2022
Author: Mukta Gupta
Bench: Mukta Gupta
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 161/2011
MADHU BALA ..... Appellant
Through: Ms. Anu Narula, Advocate.
versus
STATE ..... Respondent
Through: Mr. Prithu Garg, APP for the State
SI Ram Niwas, PS Dabri.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 24.08.2022
1. Report of Medical Board from IBHAS has been received as per which even at present the appellant is suffering from Paranoid Schizophrenia and Bipolar Affective Disorder though she is maintaining well on her treatment with hypertension with Right Eye Cataract due for surgery. The appellant is presently in the Half Way Home/Long Stay Home "Saksham" at IHBAS campus.
2. Ld. Counsel for the appellant relying upon the decision of the Division Bench of the Kerala High Court in Krishnan v. State of Kerala, reported as 1984 KER LT 311 contends that the protection to an accused from insanity is available not only at the time of trial/inquiry but also at the time of hearing appeal because even if an appeal is to be addressed on facts as deposed before the Trial Court and law applicable thereon, however such a person is not Signature Not Verified Digitally Signed By:SEEMA MALHOTRA Signing Date:26.08.2022 11:15:46 capable of giving necessary instructions to his/her counsel.
3. Mr. Prithu Garg, learned APP for the State prays for an adjournment as this matter is being conducted by Mr. Mukesh Kumar, learned APP for the State who is not available today due to medical problem.
4. Renotify on 2nd November, 2022.
MUKTA GUPTA, J ANISH DAYAL, J AUGUST 24, 2022/sm/rk Signature Not Verified Digitally Signed By:SEEMA MALHOTRA Signing Date:26.08.2022 11:15:46