Asif Mevati vs. The State Of Madhya Pradesh

COURT NO.2

ITEM NO.10

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s).9692-9693/2021

(Arising out of impugned final judgment and order dated 09-09-2021 in CRA No. 7215/2018 09-09-2021 in CRRFC No. 14/2018 passed by the High Court Of M.P. At Indore)

VERSUS

IRFAN @ BHAYU MEVATI

Petitioner(s)

STATE OF MADHYA PRADESH

(FOR ADMISSION and I.R. and IA No.163432/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.163435/2021-EXEMPTION FROM FILING O.T. )

Date: 15-12-2021 These petitions were called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE BELA M. TRIVEDI

For Petitioner(s)

Mr. Mohd. Irshad Hanif, AOR Mr. Aarif Ali Khan, Adv. Mr. Rizwan Ahmad, Adv. Mr. Mujahid Ahmad, Adv. Mohd. Faseeh Khan, Adv. Mr. Shishir Raj, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following $0 R D E R$

Leave granted.

Liberty is granted to serve the learned Standing Counsel for

the State as well.

SignatureNot Verified Pending further consideration, the execution of sentence of $\frac{18.111}{\text{Res}}$ denote the appellant is stayed. Let an intimation to

Respondent $(s)$

SECTION II-A

that effect 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 of the record with the learned counsel appearing for the parties.

We have passed certain directions in Manoj vs. State of Madhya Pradesh [Crl. Appeal No.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 if made in advance, before the learned counsel advance their submissions, will be helpful in every respect. We therefore, direct:

1. the respondent – State to place before us the report of the Probation Officer relating to the petitioner (s) as early as possible and preferably by 01.03.2022.

2. We direct that the report of the Jail Administration about the nature of the work done by petitioner(s) while in jail be placed before us by 01.03.2022.

3. We also feel that the interest of justice dictates that we obtain a psychological evaluation of the petitioners. We direct the Director, Mental Care Hospital, District Indore, M.P. to constitute a suitable team for the Psychiatric evaluation of the accused appellant in this case.

The said report also be placed before us by

2

01.03.2022.

The Jail Authorities shall co-operate with the team of experts for facilitating access and due evaluation of the petitioners in all respects.

The Registry shall send due intimation to the Director, Mental Care Hospital, District Indore, M.P.

Let the report be placed before this Court as early as possible and preferably by 01.03.2022.

List for final disposal on 22.03.2022 before the appropriate Court after seeking requisite directions from the Hon'ble CJI.

(INDU MARWAH) (VIRENDER SINGH) COURT MASTER (SH) BRANCH OFFICER