Bail Application Withdrawn in High-Profile Murder Case; Court Directs State to Enhance Mental Health Infrastructure
In a significant development, the Madhya Pradesh High Court at Jabalpur dismissed a bail application in the case of "Khushboo @ Disha Awasthi v. State of Madhya Pradesh," underscoring the mental health issues emerging from sibling jealousy. The Division Bench, comprising Justices Vivek Agarwal and Ratnesh Chandra Singh Bisen, presided over the proceedings. The case involved the appellants, Khushboo and Rahul, who were convicted by the Additional Session Judge, Gadarwara, for the murder of Shikha Awasthi.
The appellants were sentenced to life imprisonment under Sections 302/34 of the Indian Penal Code (IPC), along with additional sentences for charges under Sections 201 and 120-B IPC. The counsel for the appellants, Ms. Neelima Giri Goswami, argued the case as one of false implication, citing a lack of direct evidence and pointing out discrepancies in the medical testimony. However, the court was not persuaded, particularly considering the recovery of crucial evidence from Khushboo's residence.
The prosecution, represented by Shri B.K. Upadhyay, highlighted the evidence of human blood found on Rahul's shirt and Khushboo's admission of sibling jealousy as a motive. The court concluded that the arguments presented were insufficient to warrant a suspension of the sentence. Consequently, the bail application was dismissed as withdrawn at the request of the appellants' counsel.
In a notable observation, the court expressed concern over the mental health dimensions of the case, emphasizing the need for proactive measures to address such issues. The court directed the State to appoint mental health experts in schools, colleges, and district hospitals, with a focus on preventing mental health problems from escalating due to sibling jealousy and other societal pressures.
The court's directive includes a mandate for the Chief Secretary of the State to develop a policy addressing mental health, particularly focusing on youth and the elderly. The State is required to establish mental health clinics with competent personnel and infrastructure within a specified timeframe and report back to the court within ninety days.
This judgment highlights the growing awareness of mental health issues within the judicial system and underscores the importance of addressing the psychological factors contributing to criminal behavior.
Bottom Line:
Bail application under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 / 389(1) of Cr.P.C. for suspension of sentence and grant of bail was dismissed as withdrawn. The Court highlighted the need for addressing mental health issues, particularly arising from sibling jealousy, and directed the State to frame a policy for mental health clinics in schools, colleges, and district hospitals.
Statutory provision(s): Sections 302/34, 201, 120-B of IPC, Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 / Section 389(1) of Cr.P.C.
