Manuyara Khatun @ Manowara Khatun Vs State of… — Murder and Culpable Homicide | Calcutta HC (2024)

Manuyara Khatun @ Manowara Khatun Vs State of… — Murder and Culpable Homicide | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Bail under Section 439 CrPC granted: release on bond of Rs.10,000/- with two sureties of like amount each (one being brother Manik, son of Nesh Mohammad) to the satisfaction of the learned Additional Sessions Judge, Chanchal, Malda; brother to keep petitioner in his care and custody and extend necessary medical treatment; appearance before the Trial Court every three months with mental-health examination; trial upon recovery of mental health; bar on intimidating witnesses or tampering with evidence; Trial Court at liberty to cancel bail for unjustified non-appearance without further reference to this Court.

Issue for consideration

Whether the petitioner, who is suffering from undifferentiated schizophrenia and is unable to stand trial, should be released on bail under Section 439 CrPC with safeguards for her care, medical treatment and eventual standing of trial.

Court's answer

On the medical report showing the petitioner suffers from undifferentiated schizophrenia and is unable to stand trial, and her brother being ready and willing to keep her in his care and arrange medical treatment, the Court was inclined to grant bail.

Ratio / Principle

Petitioner directed to be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one surety being her brother Manik, son of Nesh Mohammad, to the satisfaction of the learned Additional Sessions Judge, Chanchal, Malda.

Key takeaways

Bail is subject to the condition that the said brother shall keep the petitioner in his care and custody and extend necessary medical treatment.ratio¶11
Petitioner shall appear before the Trial Court every three months and undergo medical examination with regard to her mental health; once her mental health recovers, she shall be placed on trial in accordance with law.ratio¶11
As a condition of bail, the petitioner shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

Detailed headnote1 paragraphs

High Court of Calcutta (Division Bench: Gaurang Kanth & Joymalya Bagchi, JJ.), order dated 01.08.2024 in C.R.M. (DB) 1450 of 2024 — Application under Section 439 CrPC by Manuyara Khatun @ Manowara Khatun, accused in Harishchandrapur P.S. Case No. 588 of 2021 (dated 11.08.2021) under Sections 302 IPC, allowed. Medical report on record showed the petitioner suffers from undifferentiated schizophrenia and is unable to stand trial, and her brother Manik, son of Nesh Mohammad, undertook to keep her in his care and arrange medical treatment. Bail granted on a bond of Rs.10,000/- with two sureties of like amount each (one being the brother), to the satisfaction of the learned Additional Sessions Judge, Chanchal, Malda, subject to: brother keeping her in his care and custody with necessary medical treatment; appearance before the Trial Court every three months with mental-health examination; trial to commence once her mental health recovers; no intimidation of witnesses or tampering with evidence; and Trial Court's liberty to cancel bail for unjustified non-appearance without further reference to this Court. Application allowed and disposed of.

30.7.2024 Ct. No. 6 SL No. 47 SB / Tanmoy

C.R.M. (DB) 1450 of 2024

In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Harishchandrapur P.S. Case No. 588 of 2021 dated 11.08.2021 under Sections 302of the Indian Penal Code.

And

In the matter of: Manuyara Khatun @ Manowara Khatun

Mr. Md. Wasim Akram …for the Petitioner

Mr. Bitasok Banerjee Ms. Kanchan Roy .…for the State

Medical report is placed on record. Medical report shows petitioner is suffering from undifferentiated schizophrenia and is unable to stand trial.

Learned counsel for the petitioner contends his brother Manik, son of Nesh Mohammad is ready and willing to keep her in his care and arrange for her medical treatment.

Under such circumstances, we are inclined to grant bail to the petitioner.

Accordingly, we direct the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom shall be the brother of the petitioner, namely, Manik, son of Nesh Mohammad, to the satisfaction of the learned Additional Sessions Judge, Chanchal, Malda subject to the condition that the said brother shall keep the petitioner in is care and custody and extend necessary medical treatment. Petitioner shall appear before the Trial Court every three months and would be subjected to medical examination with regard to her mental health. Once her mental health recovers, she shall be placed on trial in accordance

Signed By : SAURABH BANDYOPADHYAY High Court of Calcutta 1 st of August 2024 06:06:29 PM

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with law. The petitioner shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel her bail without any further reference to this Court.

The application for bail is, thus, allowed and disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)

Signed By : SAURABH BANDYOPADHYAY High Court of Calcutta 1 st of August 2024 06:06:29 PM