Calcutta HC granted bail to a murder suspect suffering from schizophrenia

Bench: Justices Ajay Kumar Gupta and Joymalya Bagchi
 
Thursday, the Calcutta High Court granted bail to a murder suspect suffering from schizophrenia after nearly five years in custody without trial.
 
During the hearing, the bench considered the medical report filed by a board comprising reputed psychiatrists, which determined that the petitioner was unfit to stand trial.
 
According to the High Court, a trial court could order the petitioner to appear and proceed with the case if the board certifies that he is fit for trial.
 
To assess the petitioner's condition and determine whether he had violent tendencies, the Court sought the medical board's report in November.
 
The petitioner was arrested in January 2017 for murder and denied bail twice by the High Court and once by the sessions court.
 
His father represented him because he was suffering from schizophrenia since 2014.
 
The petitioner argued that in 2019, a medical board was constituted to understand his mental illness. The board could not conclude its examination since he was uncooperative, but it was clear that he was unfit to stand trial at that stage.
 
Due to the completion of the investigation, the petitioner was not required to remain in custody.
 
Following the medical board's report, the division bench released the petitioner on bail on the condition that he furnish a bond of $10,000 executed by his father, along with two sureties.