Calcutta High Court grants bail to murder accused schizophrenic patient after over five years in jail

The Calcutta High Court on Thursday granted bail to a murder accused suffering from schizophrenia after nearly five years in custody without trial.

A bench comprising of Justices Ajay Kumar Gupta and Joymalya Bagchi passed the order while considering the medical report filed by a board comprising reputed consultants in psychiatry which found the petitioner unfit to face trial.

“Medical report filed by the learned Counsel appearing for the State is placed on record. It shows petitioner is not fit to face the trial. Petitioner is in custody for more than four years. He requires medical attention,” the bench recorded.

The High Court also said that as and when the board certifies that the petitioner is fit for trial, the trial court could direct him to appear and proceed with the case.

The Court had, in November, sought the medical board's report in order to assess the petitioner’s condition as well as to find out whether he had violent tendencies.

As per the petition, the petitioner was taken into custody for offence of murder in January 2017 and was denied the relief of bail twice by the High Court and once by the sessions court.

According to the plea, he was suffering from schizophrenia since 2014 and was thus being represented by his father.

The petitioner contended that a medical board had been constituted in 2019 to ascertain his mental illness. The board had opined that his examination could not be done since he was uncooperative, but he was not fit to stand trial at that stage.

Additionally, the plea highlighted that the investigation in the case was complete and therefore, further custodial detention of the petitioner was not necessary.

Further, he assured the Court that he would abide by any terms imposed by the court and would not interfere with the trial in anyway.

Considering the medical board’s report, the division bench agreed to release the petitioner on bail on furnishing a bond of ₹10,000 executed by his father, with two sureties.

Advocates Phiroze Edulji and M Rajnandini Das appeared for the petitioner while the State was represented by advocates Sudip Ghosh and Apurba Kumar Datta.

[Read Order]