IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4198 OF 2007 Sou.Manisha Motiram Jachak .. Applicant Vs. Shri Vishwajeet Abasaheb Jachak and another .. Respondents Mr.V.V.Purwant for the applicant. Mr.R.S.Kate for the respondent No.1. Mrs.P.P.Shinde, A.P.P for the State. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 18th September 2008. : 18th September 2008. : 18th September 2008. P.C.: . Heard learned advocate for the applicant, learned advocate for the 1st respondent and learned A.P.P for the State. This application is filed for setting aside the judgment and order dated 20th October 2007 passed by the learned Adhoc Sessions Judge by which the 1st respondent was ordered to be enlarged on bail. Cancellation of bail is sought on various grounds. The 1st respondent has been charged with offences under section 302, 120(b), 109 read with section 34 of the Indian Penal Code and section 3, 25(1)(B) of the Arms Act. 2. When it was brought to the notice of this Court 2 that the 1st respondent was not attending police station, the learned advocate for the 1st respondent pointed out that the 1st respondent has been admitted in Nityanand Rehabilitation and Residential Mental Health Care Centre since 29th February 2008 and he would require treatment for a period of three to six months. This Court directed that the 1st respondent shall be examined by the appropriate medical officer of B.J.Medical College and Sasoon General Hospital, Pune. Accordingly, psychiatric assessment of the 1st respondent was made on 04th September 2008 and a report of the assessment has been produced by the learned A.P.P for consideration of this Court. The report records that at present the 1st respondent is suffering from psychotic illness and that he requires medication and long term management. This report records that mental status examination of the 1st respondent was made and he was also referred to clinical psychology for psychometric assessment. Various tests were undergone by the 1st respondent. 3. Considering the fact that as of today the 1st respondent is suffering from psychotic illness, the application for cancellation of bail cannot be entertained as of today. The application is accordingly 3 disposed of with liberty to the applicant to file appropriate application at appropriate stage. 4. The investigating officer is directed to get the psychiatric assessment of the 1st respondent done in the first week of December 2008 from the Department of Psychiatry of B.J.Medical College and Sasoon General Hospital, Pune. The applicant and/or her advocate will be entitled to the inspection of the assessment report. 5. All contentions raised on merits in this application are kept open. (A.S.Oka,J)