Irfan @ Bhayu Mevati vs. The State Of Madhya Pradesh

URGENT/OUT-TODAY

ITEM NO.7 COURT NO.2 SECTION II-A (HEARING THROUGH VIDEO CONFERENCING)

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.) No.1047/2022 (Arising out of impugned final judgment and order dated 09-09-2021 in CRLA No.7269/2018 passed by the High Court Of M.P. At Indore)

ASIF MEVATI Petitioner(s)

VERSUS

STATE OF MADHYA PRADESH Respondent(s)

(FOR ADMISSION and I.R.; IA No.17920/2022 – FOR EXEMPTION FROM FILING O.T.; IA No.17921/2022 – FOR EXEMPTION FROM FILING AFFIDAVIT; and, IA No.17922/2022 – FOR PERMISSION TO FILE LENGTHY LIST OF DATES)

Date : 14-02-2022 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

For Petitioner(s) Mr. Arvind Kumar Shukla, Adv. Ms. Reetu Sharma, AOR Mr. Hifzur Rehman Khan, Adv. Mr. Nihal Ahmad, Adv. Mr. Amit Kumar, Adv. Ms. Neena Shukla, Adv. Mr. Shantanu Shukla, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

Issue notice of lodgment of appeal to the State of Madhya Pradesh, returnable on 22.03.2022. Digitally signed by Dr. Signature Not Verified

Liberty is granted to serve the learned Standing Counsel for Date: 2022.02.14 16:55:18 IST Reason:

the State.

Mukesh Nasa

Pending further consideration, the effect and operation of death sentence awarded to the appellant shall remain stayed. Let an intimation in this regard be sent to the concerned prison immediately.

The Registry is directed to summon the trial Court record immediately. After receipt of the record, the Registry shall, after digitizing the same, share soft copy thereof with the learned counsel appearing for the parties.

We have passed certain directions in Manoj v. State of Madhya Pradesh [Crl. Appeal Nos.248-250 of 2015] and in some other death sentence matters which directions were passed after conclusion of the arguments on the issue of conviction. However, the assessment as regards conduct of the accused, if made in advance before the learned counsel for both sides advance their submissions, will be helpful in every respect.

In order to have complete assistance in the matter, We direct as under:

• 1. The respondent–State shall place before us the Report(s) of all the Probation Officer(s) relating to the accused before the next date of hearing. In case there have been more than one Report, let all Reports be placed for the consideration of this Court.
• 2. We direct that the Report of the Jail Administration about the nature of the work done by the appellant while in jail be placed before this Court on or before the next date of hearing.

3. We also feel that the interest of justice dictates that we obtain a psychological evaluation of the appellant.

We direct the Director, Mental Care Hospital, District Indore, Madhya Pradesh to constitute a suitable team for psychological evaluation of the accused/appellant in this case and send a report before the next date of hearing.

4. The Jail Authorities, where the appellant is presently lodged, shall render complete co-operation in facilitating access to and due evaluation of the appellant in all respects.

The Registry shall send due intimation to the concerned authorities immediately.

Let the report(s) be placed before this Court on or before the next date of hearing.

List this matter for final disposal on 22.03.2022 alongwith Criminal Appeal Nos.1667-1668 of 2021 arising out of SLP (Crl.) Nos.9692-9693 of 2021, before the appropriate Court after seeking requisite directions from the Hon'ble the Chief Justice of India.

(MUKESH NASA) (VIRENDER SINGH) COURT MASTER BRANCH OFFICER