"Suffering From Schizophrenia, No Purpose In Continued Custody": J&K High Court Grants Bail To Woman Accused Of Killing 3-Month Old Son

The Jammu and Kashmir and Ladakh High Court has granted bail to one Shenaz Begum, accused of murdering her three-month-old son in 2021 observing that the applicant's schizophrenia diagnosis and the absence of a plausible motive rendered her continued judicial custody purposeless.Admitting her on bail Justice Rajnesh Oswal added, No doubt the plea of unsoundness of mind is a defence available to the applicant during trial but the fact which cannot be negated is that the applicant is suffering from schizophrenia and no purpose shall be served by keeping the applicant in judicial custody, when all the material witnesses have been examined.The case stems from an incident on December 8, 2021, in Chenani, Udhampur district, when Shenaz allegedly killed her infant son with an axe. According to the complaint filed by her brother, the infant's body was discovered in the family's cattle shed, and Shenaz reportedly admitted to the crime while attempting to hide blood-stained clothes and clean the crime scene. Subsequently, she was charged under Sections 302 and 201 of the IPC.Seeking bail for her Advocate Aseem Sawhney highlighted a directive from the Munsiff/JMIC, Chenani whereby a Medical Board examined her and submitted a report in December 2021, diagnosing her with schizophrenia and deeming her unfit for trial. Although subsequent reports in 2022 and 2023 declared her fit for trial, her mental health remained central to the case, he stated. Sawhney argued that Shenaz's schizophrenia rendered her incapable of understanding the nature of her actions, invoking Section 84 IPC, which exempts individuals of unsound mind from criminal liability. He further highlighted that the prosecution's case weakened as 14 out of 26 witnesses had already been examined, with several turning hostile, including the complainant.Justice Oswal meticulously reviewed the medical reports and witness testimonies. He acknowledged the schizophrenia diagnosis, referencing the December 2021 report and subsequent evaluations, which demonstrated fluctuating assessments of Shenaz's mental fitness. The Court noted the absence of any rational motive or premeditation, emphasizing that a mother killing her infant without cause is "unnatural and improbable."“The allegations against the applicant are in respect of commission of murder of her own son of three months of age and that too without any reason. Normally, a person of sound mind would not act in the manner, the applicant had acted by killing her three months old son with axe. Had there been any allegation in respect of the motive on the part of applicant or past altercation between the applicant and her husband or any other relative, resulting into murder of her son by the applicant, the position would have been different”, the court remarked. In assessing the legal framework, the Court cited the Gauhati High Court's ruling in Bangla Bagti vs. State of Assam (2012), which elaborates on schizophrenia's debilitating effects on an individual's capacity to distinguish between reality and delusion.Observing that under Section 437(1) of the CrPC, bail can be granted to women or infirm individuals even in non-bailable offenses, the court said that Shenaz's prolonged custody and deteriorating mental health, coupled with the hostile testimony of key witnesses weighs against her being kept in Jail. Concluding that judicial custody served no purpose, the Court granted bail. Case Title: Shenaz Begum th. Abdul Mazeed Vs UT Of J&K Citation: 2024 LiveLaw (JKL) 321Click Here To Read/Download Judgment

"Suffering From Schizophrenia, No Purpose In Continued Custody": J&K High Court Grants Bail To Woman Accused Of Killing 3-Month Old Son

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