Case: STATE OF ORISSA Vs. DULESWAR BARIK

3. The respondent was tried for murder of six persons and convicted and sentenced to death vide order dated 21.07.2004 of the trial Court. However, on appeal his conviction and sentence was set aside by the High Court in view of his insanity vide judgment dated 19.09.2007. It was directed that he should be released if as per medical opinion, it was safe to release him. Otherwise, he be given treatment as indoor patient. On 18.08.2014, his father moved the High Court praying that since his condition had improved his custody may be given to his father. On 02.09.2014, this application was allowed.4. The High Court has directed that he may be paid Rs. 20 lakhs (Rupees Twenty lakhs) by way of compensation for detention in spite of order of acquittal.

Reasoning: 6. We find merit in the contention.7. Having regard to the facts and circumstances on record, the detention of the respondent could not be held to be on account of fault of the State for which compensation could be awarded. After acquittal on account of insanity, High Court itself directed that till medical opinion allowed his being set free, he should be treated without being freed from custody.