MADHU BALA Vs. STATE

JUDGEMENT

(1.) Present appeal brings forth saga of a woman who for absence of solitude and support ended up not only in jail but for years in the IHBAS. Madhu Bala who was arrested on 22/9/2005 in FIR No. 677/2005 and while in judicial custody during trial, the appellant complained of psychiatric problems and thus, the appellant was on follow up at Institute of Human Behaviour and Allied Sciences (IHBAS) since 22/5/2009. By then, 20 prosecution witnesses had been examined and some of them were even recalled under Sec. 311 of Code of Criminal Procedure, 1973 (Cr.P.C) and re-examined on an application filed by the learned amicus curiae. During the trial, an application was received from the Jail Superintendent informing that appellant Madhu Bala was diagnosed to be suffering from Schizophrenia and was undergoing treatment as an outdoor patient at IHBAS. According to the report, during her treatment, she became violent and had to be rushed to IHBAS in emergency on 7/9/2009, where she was admitted as an in-patient. The learned Trial Court thus directed the appellant Madhu Bala to be admitted at IHBAS as an in-patient till further orders and postponed the recording of the evidence. Thereafter, the learned Trial Court sought for a report from the Medical Board of IHBAS as to whether Madhu Bala was fit to stand trial. Vide order dtd. 3/2/2010 the learned Trial Court noted that the report of the Medical Board indicated that the appellant was fit to stand trial and thus, the learned Trial Court proceeded with the recording of the evidence of the remaining witnesses. Finally, the prosecution evidence was closed on 30/6/2010 after examining 40 prosecution witnesses. Statement of the appellant was recorded under Sec. 313 Cr.P.C. on 6/7/2010 and she opted not to lead defence evidence. After final arguments, the impugned judgment was pronounced on 21/8/2010 convicting the appellant for offences punishable under Ss. 302 and 326 IPC.

(2.) When the appeal came up before this Court, this Court suspended sentence of the appellant vide order dtd. 11/5/2011, however as the appellant could not avail the benefit of suspension of sentence, for the reason the brother and sisters of the appellant were not willing to stand surety for her, the appeal was listed for final hearing on 24/5/2012. However, on the next date it was informed to this Court that the appellant required medical attention at IHBAS. Consequently, under the monitoring of this Court Madhu Bala was kept in and out of IHBAS when this Court passed the detailed order on 18/9/2014 as noted hereinafter. Since the Half Way Homes or Long Way Homes were not operationalized by that time, the appellant was in IHBAS and thereafter shifted to the Short Stay Home/ Long Stay Home at IHBAS and since then is in IHBAS.

(3.) A perusal of the medical record of the appellant would show that the appellant was again admitted to IHBAS on 1/9/2012 and discharged on 23/3/2013 whereafter, she was again admitted to the Central Jail from where, she was a follow up case of Psychiatry OPD at IHBAS. The appellant was again admitted on 7/11/2014 at IHBAS and was discharged on 24/2/2015. For a proper rehabilitation of the appellant, this Court on 18/9/2014 passed the following order:-