IN THE HIGH COURT OF CHHATTISGARH AT B‘LASPUR 73% OF 2001 CRIMINAL WRIT PETITION N0. ‘N THE MATTER OF : / SOBRAN SINGH Aged about 35 years Son of Jahendra Singh Through: Jahendra Singh SIO Sultan Singh (Natura‘ Guardian for petitioner) Rlo \lmage Chiruli Thesil Dabra District Gwalior (M.P.) PETITIONER VERSUS RESPONDENT STATE OF CHHATTISGARH v ” PETiTlON UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA .4. @‘V Wm XLHC-ZZ The XI-C—22 H Wm .2002 and during this period the n observed ran and the Dr.Su11i1 Gupta, has not found and the petitioner was lunatic As directed, report of the Medical Officer Central Jail Hospital has been received which shows that the petitioner was admitted in Hospital since 3.} conduct of the accused has be Earlier, the Station Hou e officer, Khamtarai, has sought medical report of petitioner S opined that mental maturity is advised Psychiatric examinatio a. Now, .Dr.Shukla, learned Addl.Advocate General for the State submits that the petitioner is mentally retarded as per r . report rece1ved. Section 330 of IPC prio‘vides for release of a pending investigation or tial. Section 330 IPC reads as under: “330. Release of lunatic pending investigation or trial.- (1) Whenever a persm unsound mind and incapable of he Magistrate or Court, as the section 329,v to be of making his defence, 1 {113%W 1 is found under section 328 or mwawggr/aaw ml W aagwEEEaa m l rz’ mmm . ' WW mush awW a;W am Ejgcum 7‘ ‘ “m. _ M r MW“ W- Kimw XLHC—ZZ case may be, Whether the case is one in which bail may be taken or not, may release hjm on sufficient security being given that he shall be properly taken care of and J shall be prevented from doing injury to himself or to any other person, an for his appearance when required before the Mag'strat .or Court or such Officer as the Mag‘strate or Court ‘ppoints in this behalf. (2) If the case is one in which, in the Opinion of the Magistrate or Court bail should not be taken, or if suiflcient security is not given, the Magistrate or Court, as the case may bf shall order the accused to be ody m such place and manner as detained in safe. cus he or it may think f1 and shall report the action taken to the State Gove ent: Provided that no order f r the detention of the accuse in a d lunatic asylum shall be ade otherwise than in accordance [new \ 3mm . Law Nowag qlnal$§l55 E‘I 10M XI-HC-22 mm 4V WW 1§Q°IW mw'd with such rules as the S te Government may have made under the Indian Lunacy ct, 1912 (4 of 1912).” In view of the afor said discussion, the petitioner is directed to be released n furnishing security bond by father or guardian in of Rs.5000/- that the petitioner s shall be properly taken of and shall be prevented from c e doing injury to himself to any other person, and for his o appearance in terms of ction 330 IPC. In case if the e h security is not fumis , then the petitioner shall be detained in safe custod as deemed fit by the Sessions Court . So far as stay f proceedings pending before the court below is concern that shall be considered after e , release- of the petitioner. Certified Copy be s WV