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Bombay High CourtAPPLN/3706/2025application allowed

Jayshri Tanaji Lungare v. The State Of Maharashtra And Another

2025-10-06Hon'Ble Shri Justice Sanjay A. Deshmukh3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

64 BAIL APPLICATION NO. 1836 OF 2025 TANAJI BALAJI LUNGARE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Rajendra V. Dasalkar APP for Respondent / State : Mr. R. S. Wani.

...

AND CRIMINAL APPLICATION NO. 3706 OF 2025 IN BA/1836/2025 JAYSHRI TANAJI LUNGARE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Shashibhushan P. Deshmukh. APP for Respondent / State : Mr. R. S. Wani.

...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

06th October, 2025.

P.C.:

In Criminal Application No.3706 of 2025, the learned counsel for the applicant seeks leave to correct prayer clause. Leave granted. In Criminal Application No.3706 of 2025, the learned counsel for applicant is permitted to assist the Public Prosecutor. The criminal application is disposed of.

In the bail application, heard the learned advocates for the respective parties.

Perused the report. The report shows that the applicant has tried to commit the murder of the informant by tying rope around her neck. However, her daughter took bite to the hand of the applicant and rescued the informant. At that time, the informant ran away from the house and went to Kandhar to her aunt's house. The informant treated in the hospital and thereafter, the report was lodged. This shows that the applicant has assaulted his wife under the influence of liquor. As defined under Section 2(1)(s) of the Mental Healthcare Act, 2017, addiction to liquor or prohibited drugs constitutes a kind of mental illness. This Court, in Bail Application No.740 of 2025 (Pramod Wamanrao Dhule Vs. The State of Maharashtra and another) decided 25th September, 2025, held that if a person suffers from mental illness, the jail authorities shall arrange for the medical examination of such person by a psychiatrist. If it is found that the person is suffering from mental illness, he shall be treated in a rehabilitation centre for his addiction.

Considering these aspects, the concerned jail authority is directed to send the applicant for medical examination through a psychiatrist alongwith a copy of this order and to submit the report to this Court on or before 10th October, 2025. The District Superintendent of Police, Nanded, is also directed to provide Escort to the applicant on demand of the jail authority, Nanded. The jail authority is directed to

coordinate the concerned doctor, Escort etc. accordingly. The informant and her children are also victim of the crime. Therefore, the Chairman, Legal Services Authority, Kandhar, is directed to provide financial aid to the informant Jayshri Tanaji Lungare and her children, resident of Bijewadi, Taluka Kandhar, District Nanded (Mobile No.7588152838).

The Chairman, Legal Services Authority, Kandhar is directed to help the informant and prepare an application of the informant and submit it alongwith all the necessary documents to the Tahsildar, Kandhar and provide monthly financial relief to the informant and her children under various schemes like Shravan Bal Yojana, Eklavya Yojana etc. as early as possible and report to this Court on 13th October, 2025.

The Registrar (Judicial) of this Court is directed to send a copy of this order to the concerned jail authority as well as the Legal Services Authority, Kandhar, District Nanded. The concerned to act upon the authenticated copy of this order. Stand over to 13th October, 2025.

[ SANJAY A. DESHMUKH, J. ] nga