Tuesday, April 23, 2024

Jammu and Kashmir court releases mentally unstable man languishing in jail for 21 years in want of bail bond

A local court in Jammu and Kashmir has ordered release of a mentally unstable man, who was remanded to judicial custody in 2001, after he failed to furnish bail bond in a case under the Arms Act.

As per the case, one Jai Parkash was booked by the Jammu and Kashmir Police in 2000 for allegedly committing bailable offences, punishable under the provisions of the Arms Act.

After investigation, the charge sheet was laid before the City Judge and it was clearly indicated in the charge sheet that the person appeared to be a ‘lunatic’.

The Judge sent Parkash to judicial lockup in January, 2002, in default of furnishing the bail bonds. The Superintendent of the Jail to which he was sent, was directed to get the accused medically examined.

Another order was passed in May, 2002, in which it was noted that the Head of the Psychiatry Department of the Government Medical College, Jammu, had reported that the accused was suffering from chronic mental illness.

The Judge then ordered the Superintendent of District Jail to admit the accused to a Psychiatric Hospital for treatment.

Parkash has since remained in judicial custody.

A Civil Judge released him on November 21, 2022, after one Sudama Parshad, a resident of Varanasi in Uttar Pradesh, furnished surety bond of Rs 30,000.

As per the court order, adequate treatment should be provided to the accused, besides the concerned Psychiatric Hospital should submit a medical certificate to the concerned Police Station of the area and the SHO GRP Jammu after three months for appraisal of this court.

The accused shall be produced before the court as and when he is capable to stand the trial, it added.

Parkash has also filed a petition in the High Court of Jammu & Kashmir and Ladakh through Advocate Irfan Khan, seeking compensation and action against those who were involved in making his 22 years hell.

The High Court had issued notice on Prakash’s petition to the Counsel for the Union Territory and called for the records of the case from the City Judge’s Court.

The matter is scheduled for hearing on January 31 next year.

[Case title: UT of J&K through P/S Railway Jammu v Jai Parkash (Unknown)]


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