Petitioner has filed this revision petition under Section 397/401 of Cr.P.C. being aggrieved by the order dated 25.09.2017 passed by learned 3rd Additional Sessions Judge Jabalpur in Session trial No. 391/2004 whereby the learned Judge has rejected the application under Section 330 of Cr.P.C. filed by petitioner.

2. According to the case, petitioner has preferred an application under Section 330 of Cr.P.C. for discharging the petitioner on the ground of mental retardation or unsound mind, but the learned trial Judge has rejected the same on the ground that the petitioner is on bail and the provision of Section 330 of Cr.P.C. can only be invoked while petitioner is in custody.

3. Learned counsel for the petitioner submits that the petitioner stood before the trial Court for trial of offence under Section 302 of IPC in pursuant to Crime No. 101/2014 registered at Police Station Patan, District Jabalpur. He submits that the accused is of unsound mind and is a lunatic person and this Court has released the petitioner-accused on bail on the ground of insanity. Further while granting the bail, this Court has observed that the trial Court is free to proceed in the case in accordance