'Fair Trial Requires Mental Fitness': Rajasthan High Court Upholds Release Of Murder Accused Arrested After Absconding For 30 Yrs
The Rajasthan High Court has upheld a trial court order releasing a murder accused, who was arrested by the police after 30 years of absconding. The release was ordered based on the medical report that certified that the accused was suffering from dementia, and thus was not having cognitive ability to understand or participate in the court proceedings.The bench of Justice Anoop Kumar...
The Rajasthan High Court has upheld a trial court order releasing a murder accused, who was arrested by the police after 30 years of absconding. The release was ordered based on the medical report that certified that the accused was suffering from dementia, and thus was not having cognitive ability to understand or participate in the court proceedings.
The bench of Justice Anoop Kumar Dhand rejected the argument of the complainant that the application for such release was filed at a pre-mature stage and could be filed only after the trial commenced.
The Court observed that once the fact of accused being mentally unfit for the court proceedings was established, waiting for the trial to reach the stage of framing of charges would be merely an “empty formality”.
“An accused cannot be prosecuted under the law unless and until he is certified to be of sound mind. The Right to Fair Trial is a fundamental right guaranteed under Article 21 of the Constitution of India and no person should be condemned unheard.”
An FIR was registered against the accused in 1994, and the accused was absconding for 30 years thereafter. When the accused was arrested in 2024, his mental conditions was fine. However, subsequently, an application was filed by his son, contending that the accused person was suffering from dementia, and hence, could not understand trial proceeding.
This application was accepted by the trial court, and the accused was released. This order was challenged by the petitioner arguing that the application was filed at a pre-matured stage, since neither charges were framed nor did trial commence at the time when the application was filed.
After hearing the contentions, the Court considered that interim directions given for constitution of a Medical Board which shall furnish a report on the mental state and fitness of the accused.
This report mentioned that the accused was suffering from dementia, and was unable to understand & participate in the court proceedings. It was also opined that the diseases was progressing, and there was no chance of any improvement in the future.
In this background, the Court opined,
“A criminal trial cannot proceed against an accused who is mentally unfit, as it violates the fundamental principles of a fair trial. The accused must possess the cognitive capacity to understand the charges framed against him, follow the proceedings and put his defence.”
The Court also rejected the argument of the application being pre-mature.
Hence, the accused was ordered to be released. Directions were issued to District Legal Services Authority (DLSA), to ensure examination of the accused every year. And it was directed that in case the accused was found to be in a fit condition to understand court proceedings, report shall be submitted to the trial court.
Accordingly, the petition was disposed of.
Title: Sonu Ram v State of Rajasthan & Anr.
Citation: 2026 LiveLaw (Raj) 206