SHANKAR SOPAN SHIKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No. 110 of 2019 registered with Jamkhed Police Station, District Ahmednagar for the offence punishable under Section 302 of the Indian Penal Code. His Criminal Bail Application No. 250 of 2019 with similar prayer came to be rejected by the learned Additional Sessions Judge, Shrigonda , District Ahmednagar vide order dated 12.10.2020.

(2.) I have heard learned Counsel Mr. Karpe at length. Learned Counsel Mr.Karpe for the applicant submits that the applicant came to be arrested in connection with the present crime on 09.03.2019. The applicant was initially granted Police Custody Remand and on 10.03.2019 he was remanded to Magisterial Custody. Learned Counsel submits that since then the applicant is languished in Sub District Jail, Jamkhed. Learned Counsel submits that during the course of the investigation, statement of the applicant / accused came to be recorded. Applicant has given the said statement in such a manner which apparently indicates that the applicant is suffering from mental illness. The applicant, who is 26 years of age, by giving reference to the suicidal death of his grandfather when the applicant was in 10 th Standard, blamed the deceased who happened to be Pujari. According to the applicant / accused, the deceased used to play black magic and as a result thereof, the applicant himself was suffering many health problems such as headache, pains in abdomen, etc. The applicant is also having an intense feeling that his grandfather died because of the black magic played by the deceased. The applicant / accused has further explained that after killing the deceased he has tried to cut the vein of his left wrist. He is not willing to stay alive. Learned Counsel submits that neither the Police Offcer nor Assistant Superintendent of Jail, Sub- District Jamkhed, so also the learned Magistrate before whom the applicant was produced, had taken care to refer the applicant for his medical examination.

(3.) Learned Counsel submits that the learned Additional Sessions Judge, Shrigonda however sent the applicant for his medical examination to Sasoon Hospital, Pune before deciding the bail application below Exh.19 in Special Case No. 250 of 2019. In turn, the Sasoon Hospital has referred the applicant to Psychiatric Department of B.J. Government Medical College and Hospital, Pune. The Assistant Professor Dr. Ananya Dhar by letter dated 31.10.2020 reported to the Medical Superintendent of Sasoon Hospital, Pune that the applicant is of unsound mind and consequently incapable of making his defence. It has also reported that the applicant needs to be admitted as an indoor patient in the hospital for his further treatment. Thereafter the Medical Superintendent, Sasoon Hospital, Pune has submitted the report to the Additional Sessions Judge, Shrigonda by letter dated 31.10.2020 alongwith the report submitted by Dr. Ananya Dhar, Assistant Professor, Psychiatric Department of B.J. Government Medical College and Hospital, Pune.