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Bombay High Court

SHIVDAS TUKARAM GITEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail was granted to the accused on medical grounds subject to strict conditions.

Summary

The applicant, Shivdas Tukaram Gite, a court stenographer, was charged under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 for allegedly killing his wife with a house scissor during a heated argument on 22 January 2025. He voluntarily surrendered to the police and has been in custody for over 20 months. The applicant suffers from schizophrenia, with medical reports confirming his chronic condition and ongoing treatment. The bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, raising the question of whether bail should be granted on medical grounds despite the seriousness of the offence. The court noted the lack of pre‑meditation, the spur‑of‑the‑moment nature of the act, and the applicant's prolonged detention and mental illness, and therefore granted bail subject to stringent conditions. The order expressly limited its observations to bail and left the trial to determine guilt on the merits.

Issues considered

  • Whether bail can be granted to an accused of murder under Section 103(1) on the basis of mental illness and prolonged pre‑trial detention
  • Whether the circumstances of a sudden, unpremeditated act justify bail despite the gravity of the offence
  • Whether the conditions imposed are appropriate to safeguard the trial process

Legislation cited

Subjects

  • bail
  • murder
  • mental illness
  • schizophrenia
  • pre‑trial detention
  • Section 483
  • Section 103(1)
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita

Judgment

                                                                 66.BA.2696.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                       BAIL APPLICATION NO. 2696 OF 2026

       Shivdas Tukaram Gite                                 .. Applicant
                  Versus
       The State of Maharashtra                             .. Respondent
                                  ....................
        Mr. Vipin Bidkar, Advocate for Applicant.
        Mr. Sukanta A. Karmakar, APP for Respondent.
                                      ...................

                                    CORAM : MILIND N. JADHAV, J.
                                    DATE           : OCTOBER 09, 2026
       P.C.:
       1.        Heard Mr. Bidkar, learned Advocate for Applicant and Mr.

       Karmakar, learned APP for Respondent.


       2.        This is an Application under Section 483 of Bharatiya

       Nagarik Suraksha Sanhita, 2023 seeking bail in connection with C.R.

       No.40 of 2025 registered with Kharadi Police Station thereafter

       transferred to Chandannagar Police Station for offences punishable

       under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023.


       3.        Applicant was working as a Stenographer in the District

       Court in Shivajinagar Civil Court in Pune. He had also given an

       examination, but was unsuccessful, pursuant to which he was

       dismissed, but then again reinstated by this Court. Because of this

       result, he used to be chided time and again for his studies by his wife

       so that he could be successful at the promotion examination.


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4.          On the fateful day i.e. 22.01.2025 due to certain squabble

and skirmish with his wife, Applicant picked up a house scissor and

inflicted a fatal blow on her neck while having discussion with the

family of the deceased victim's sister and her husband. Prima facie, the

incident occurred at the spur of the moment in view of the argument

which ensued between the victim and Applicant. Applicant alongwith

the family members rushed the victim to the hospital for treatment and

he himself alongwith his 5 years old son walked into the police station

for surrendering himself and informed the police that in a fit of rage,

due to the ensuing argument, he had inflicted a fatal blow with the

scissor on the neck of his wife and the wife was admitted to the

hospital.


5.          The record placed before me prima facie shows that

Applicant is having a medical ailment of schizophrenia and the various

hospital reports of his treatment are placed on record and are also part

of the prosecution case. Applicant was arrested immediately and has

been in incarceration for the past 20 months. Applicant requires

treatment and at present in the jail, he is administered two tablets. The

parents of Applicant have filed Affidavit stating that on his release

from jail, they shall be taking care of him and he shall be staying with

them and a statement will be undertaken by them.




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6.          Prima facie, it is seen that there is no premeditation for the

crime, nor is there any clear motive or conspiracy between the victim

and the entire incident as documented by the various eyewitnesses

who were also present shows that the argument led to a sudden fit of

rage and even the son of Applicant and the victim has narrated the

incident stating that the argument led to immense anger on the part of

Applicant against his mother which led to the unfortunate incident in

question.


7.          Considering the aforesaid and the fact that Applicant is in

custody for the past more than 20 months and considering his severe

chronic brain disorder for which Applicant is under treatment from the

year 2021 onwards, I am inclined to consider the Applicant's case for

grant of bail on the medical ground.


8.          Hence, in view of above prima facie observations and

findings, Bail Application of Applicant is allowed subject to the

following terms and conditions:-


            (i)   Applicant – Shivdas Tukaram Gite is directed to be

                  immediately released from prison in connection with

                  CR. No.40 of 2025;


            (ii) Applicant is directed to be released on bail on

                  furnishing P.R. Bond of Rs.15,000/- (Rs. Fifteen

                  Thousand only) with one or two sureties in the like

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     amount;


(iii) Applicant shall report to the Investigating Officer at

     concerned Police Station, once every month, on the first

     Monday of the month between 10:00 a.m. to 12:00

     p.m. until commencement of trial and thereafter shall

     attend all dates of hearing before the Trial Court;


(iv) Applicant shall cooperate with the conduct of the trial

     and remain present before the Trial Court on all dates,

     unless specifically exempted. Applicant shall not seek

     unnecessary adjournments. Any such conduct shall

     entitle the prosecution to apply for cancellation of bail;


(v) Applicant shall not leave the State of Maharashtra

     without prior permission of the Trial Court;


(vi) Applicant shall not influence any of the witnesses or

     tamper with the evidence in any manner;


(vii) Applicant shall keep the Investigating Officer informed

     of his current residential address and mobile telephone

     number and shall forthwith inform the Investigating

     Officer of any change in his residential address or

     mobile telephone number, as and when such change

     occurs; and



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                                           (viii)Any breach or infraction of any of the aforesaid

                                                conditions shall entail cancellation of the bail granted to

                                                the Applicant.


                                 9.        It is clarified that the observations made in this order are

                                 limited for the purpose of granting bail only and I have not made any

                                 observations on merits of the case. The trial shall be adjudicated on

                                 the strength of the evidence led and strictly on its own merits being

                                 uninfluenced with any of the prima facie observations made

                                 hereinabove in this order.


                                 10.       Bail Application is allowed and disposed in the above terms.



                                                                            [ MILIND N. JADHAV, J. ]

       Ajay
              Digitally signed
              by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date: 2026.10.10
              10:26:48 +0530




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