The Bombay High Court, Aurangabad Bench on September 25, 2025 heard a bail application for an applicant convicted of murder, whose alcoholism was recognized as a mental illness under the law. Justice Sanjay Deshmukh issued directions to the jail authorities for handling addict convicts observing that while addicts pose a threat to society, they require psychiatric treatment, as failure to provide it could result in the repetition of similar crimes upon release.
The applicant who filed a bail application was accused of offences under  Sections 302 for Murder, 304 for culpable homicide, 498A for Cruelty , and 323 IPC for Voluntarily Causing Hurt. The informant reported that her elder daughter was married to the applicant and had two children. The applicant, a former CRPF employee terminated for misconduct and alcoholism, frequently harassed the informant’s daughter who suffered from a spleen ailment. On the night of May 7, 2024, the applicant allegedly assaulted the informant’s daughter for being unable to provide a meal immediately, delivering repeated fists and kicks to the left side of her chest near the spleen. Subsequently she was hospitalized where she succumbed to her injuries on May 10, 2024. Hence, respondents strongly opposed the bail application, given the grave nature of the offences and the applicant’s history of violent behaviour linked to his addiction.
The Court observed that the applicant’s addiction to liquor constitutes a mental illness under Section 2(1)(s) of the Mental Healthcare Act, 2017, which can create “irresistible impulses” leading to violent behaviour. Considering the public safety concerns and the applicant’s propensity to commit crimes, the Court emphasized the need for psychiatric evaluation and rehabilitation. The Nanded District Jail Authority was directed to facilitate a medical examination of the applicant by a qualified psychiatrist at the Civil Hospital, Nanded, to assess his mental condition. The applicant, if found mentally ill due to addiction, was to be treated at a government rehabilitation center until full recovery, including medical treatment, counseling, and psychological support. It also stated that the psychiatrist must submit a detailed report specifying the mode and duration of treatment, and the District Superintendent of Police, Nanded, is to provide a secure escort for the applicant until rehabilitation is complete.
The Court further directed that all authorities concerned implement these measures proactively to ensure continuous care. Accordingly, the bail application was withdrawn, and the matter was disposed of with the above directions.
Appearances:
For the Applicant : Senior Advocate Mr. R. N. Dhorde i/by Mr. V. R. Dhorde
For Respondents/State : Mr. R. S. Wani, APP