A convict may be prejudiced if the Appellate Court rules on his appeal while he is of unsound mind because doing so denies him the right to a hearing. The same thing happens when the High Court decides a reference under section 374 Cr.P.C. regarding such..........

 A convict may be prejudiced if the Appellate Court rules on his appeal while he is of unsound mind because doing so denies him the right to a hearing. The same thing happens when the High Court decides a reference under section 374 Cr.P.C. regarding such a person. Therefore, the High Court/Appellate Court should postpone the hearing of the appeal and/or the reference when the convict is mentally incapacitated. However, we may qualify this statement by adding that the court may proceed if the case is such that the convict would be acquitted.

Criminal Appeal No.2066/2016
Iqbal Ansari Vs. The State
Date of hearing
27.04 .202 3