In terms of sub-section (2) of Section 330 of the
Code of Criminal Procedure, if the case is one in which, in the
opinion of the Magistrate or Court, as the case may be, the
bail cannot be granted, it shall order the said accused to be
kept in such a place where regular psychiatric treatment can
be provided and shall report the action taken to the State
Government.{Para 12}
13. In terms of sub-section (1) of Section 103 of the
Mental Healthcare Act, 2017, if any order is passed under
Section 330 of the Code of Criminal Procedure directing
admission of the prisoner with mental illness into any
suitable mental health establishment, shall be suffcient
authority for the admission of such person in such
establishment to which such person may be lawfully
transferred for care and treatment therein. The learned A.P.P.
has suggested that the applicant may be referred to the
Regional Mental Hospital, Yerwada, Pune for admission, care
and further treatment.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
901 BAIL APPLICATION NO.1426 OF 2020
Shankar Sopan Shikare Vs The State of Maharashtra
CORAM : V.K. JADHAV, J.
DATE : 10.12.2020
