'Not Fit To Stand Trial': Calcutta HC Grants Bail To Schizophrenia Patient Languishing In Jail For Over 5 Yrs In Murder Case

The matter reached the division bench of Justice Ajay Kumar Gupta and Justice Joymalya Bagchi when the petitioner moved the High Court through his father for grant of regular bail under Section 439 read with Section 330 of the CrPC.

The Court, while granting concession of bail to the petitioner, said that:

"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. Under such circumstances, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10000 executed by his father, with two sureties of like amount each."

Advocates Phiroze Edulji and Rajnandini Das, appearing for the petitioner, submitted that on two occasions earlier, the petitioner's bail plea was rejected by the High Court vide orders dated 06.09.2017 and 17.09.2018 and on one occasion the bail plea was dismissed as not pressed. Subsequently, in another order passed by the Additional Sessions Judge, Fast Track Court, Chandernagore, Hooghly, his bail plea was again rejected on 07.10.2021.

It was submitted that the petitioner had been suffering from schizophrenia since 2014. He had been languishing in custody since 24.01.2017, for over five years.

The advocates representing the petitioner contended that since the petitioner was suffering from mental illness since 2014 and since he was undergoing treatment for the same, he was unfit to stand the trial. Further, it was submitted that since the investigation was complete, custodial detention was not necessary.

According to the petitioner, on an earlier occasion, a medical board was constituted at the behest of the trial court, to ascertain the fitness of the petitioner to stand the trial. The board had then concluded that his "mental status examination could not be done and he was uncooperative," however, the board had also opined that "he was not fit to stand the trial."

The order of the Calcutta High Court on December 15 granting bail to the petitioner came after a medical board comprising reputed consultants in psychiatry to assess the mental health of the petitioner and his competence to face trial, concluded him to be unfit.

Case Title: In Re: Sourav Koley

Citation: CRM (DB) No. 3990 of 2022

Coram: Justice Ajay Kumar Gupta and Justice Joymalya Bagchi

Citation: 2022 LiveLaw (Cal) 373 

Click Here To Read/Download the Order