Delhi HC grants interim suspension of sentence for 45 days to convict suffering from schizophrenia
May 07, 2020
New Delhi [India], May 7 : Delhi High Court has granted interim suspension of sentence for 45 days to a convict suffering from schizophrenia saying he is vulnerable to disease in prison during the COVID-19 crisis as he may not be able to take precautions and maintain hygiene.
Justice Anup Jairam Bhambhani on Monday allowed the plea filed by the man, sentenced to seven years imprisonment by a trial court. He has served nine months of his jail term and requires regular medication.
"It does appear that since the appellant suffers from a serious mental illness, he would be more vulnerable to disease in prison during the prevalent pandemic since he may not be able to take precautions and maintain the hygiene required for prevention," the order said.
"It would also be in the interest of the health and safety, not only of the appellant, but also other inmates of the prison, if the appellant is released to decongest an overcrowded prison and thereby to prevent unwarranted exposure," it added.
The court directed him to furnish a personal bond in the sum of Rs 50,000 and not to leave Delhi without prior permission.
According to medical report of the convict, he is receiving psychiatric medication from the jail dispensary and is also undergoing follow-up at the Institute of Human Behaviour and Allied Sciences (IHBAS) for his medical condition.
The court also imposed a condition of making a video-call every Saturday between 11 am and 11:30 am to the investigating officer, and in case the investigating officer is no longer in service or is otherwise unavailable, then to the concerned SHO.
The convict has been directed to "drop a pin" on Google Maps, so that the police can verify the man's location. He will also have to furnish to the police a cellphone number on which he may be contacted and to ensure that the number is kept active and switched on at all times.
The court also said that the convict shall not indulge in any act or omission that would prejudice the proceedings in the matter.
