applications filed by the Petitioner under Section 4 of 1958 Act and under Section 105 of 2017 Act were taken on record and the case was adjourned to 15.12.2023. On 15.12.2023, part arguments were heard on both the applications and the matter was directed to be listed on 05.01.2024 for further arguments on the same/consideration on the point of sentence. On 05.01.2024, the case was adjourned and posted for order on sentence on 18.01.2024, after recording that further arguments were heard on behalf of the convict on the pending applications and no arguments were adduced on behalf of the State, as none represented the State, post lunch. 8. Impugned order dated 05.01.2024 is assailed before this Court on two-fold grounds by the Petitioner. Arguing on behalf of the Petitioner, Mr. Madhav Khurana, learned counsel, submits that Petitioner has been suffering from schizophrenia, depression, psychosis, paranoia and hallucinations, for which he has been under treatment since 2015 till date. The illnesses have rendered him incapable of even carrying out his daily activities without the assistance of his sister, who is his guardian and looking after him since 2015. The aforesaid illnesses fall under the definition of ‘mental illness’, defined under Section 2(1)(s) of the 2017 Act and therefore, as per the mandate of Section 105 of the said Act, case of the Petitioner ought to have been referred by the Court for further scrutiny to the concerned Board for its opinion, which procedure was not followed. The illnesses, from which the Petitioner suffers, impair his thinking, mood, perception, orientation or memory, as also the ability to meet ordinary demands of life and therefore, if the order on sentence is passed and Petitioner is imprisoned without assessment of his mental condition by a Competent Board, he will be vulnerable to further deterioration of his
