Case Note & Summary
The applicant, Firoza Fazal Shaikh, was an under-trial prisoner in Sessions Case No.300 of 2013 arising from Crime No.I34 of 2013 for offences punishable under Section 302 of the Indian Penal Code. She was arrested on 9th May 2013. She filed an application under Section 330 of the Code of Criminal Procedure, 1973 for release on bail on the ground of unsoundness of mind. The trial court rejected the application on 29th May 2014. The applicant challenged that order before the Bombay High Court in Criminal Application No.6050 of 2014, which was allowed by order dated 19th December 2012 (Coram: T.V. Nalawade, J.), setting aside the order and remanding the matter to the trial court for following the procedure laid down in Chapter XXV of the CrPC. On remand, the trial court conducted a fresh inquiry and passed the impugned order dated 25th February 2016, rejecting the plea that the applicant was a person of unsound mind and incapable of making her defence. The applicant then filed the present application challenging that order. The High Court heard the parties and found that the trial court had not conducted a proper inquiry as mandated under Chapter XXV CrPC, including examination of the accused and consideration of medical evidence. The High Court set aside the impugned order and remanded the matter back to the trial court for a fresh inquiry in accordance with law, directing the trial court to expedite the inquiry and dispose of the application within two months.
Headnote
A) Criminal Procedure - Unsoundness of Mind - Inquiry under Chapter XXV CrPC - Sections 328, 329, 330 Code of Criminal Procedure, 1973 - The trial court failed to conduct a proper inquiry as per the procedure laid down in Chapter XXV CrPC, including examination of the accused and medical evidence, before rejecting the plea of unsoundness of mind. The High Court set aside the impugned order and remanded the matter for fresh inquiry. (Paras 1-5)
Issue of Consideration
Whether the trial court conducted a proper inquiry as mandated under Chapter XXV of the Code of Criminal Procedure, 1973 before rejecting the applicant's plea of unsoundness of mind and incapability of making his defence.
Final Decision
The High Court allowed the application, set aside the impugned order dated 25th February 2016, and remanded the matter to the trial court for a fresh inquiry in accordance with the procedure laid down in Chapter XXV of the Code of Criminal Procedure, 1973. The trial court was directed to expedite the inquiry and dispose of the application within two months.
Law Points
- Procedure for inquiry into unsoundness of mind under Chapter XXV CrPC
- Section 330 CrPC
- Section 328 CrPC
- Section 329 CrPC
- duty of trial court to conduct proper inquiry before rejecting plea of insanity
