Bombay High Court
Nikhil Vijaykumar Dahotre vs The State Of Maharashtra on 10 March, 2021
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
Nisha S. Digitally signed by
Nisha S. Chitnis
Chitnis Date: 2021.03.12
17:23:13 +0530
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nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.2604 OF 2019
Nikhil Vijaykumar Dahotre ...Applicant
Versus
State of Maharashtra ...Respondent
Mr. Irfan A. Shaikh, for the Applicant.
Mr. S. V. Gavand A.P.P for the Respondent - State.
Meenal Vijaykumar Dahotre, Applicant's mother, is present.
CORAM : REVATI MOHITE DERE, J.
DATE : 10th MARCH, 2021
P.C. :
1 Heard learned counsel for the parties.
2. By this application, the applicant seeks his enlargement on bail
in connection with C.R. No. 361 of 2018 registered with the
Koparkhairane Police Station, Navi Mumbai, for the alleged offence
punishable under Section 302 of the Indian Penal Code.
3. Learned Counsel for the applicant submits that the applicant is
a patient of Schizophrenia and was suffering from the same prior to the
alleged incident of assault by the applicant on his father (deceased) and
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continues to suffer even thereafter. Learned Counsel relied on the medical
reports of the applicant to show that the applicant is suffering from
Schizophrenia.
4. Learned Counsel for the applicant has also tendered an
affidavit-cum-undertaking of the applicant as well as the affidavit of the
applicant's mother - Meenal Vijaykumar Dahotre. Considering the medical
condition of the applicant, a report was called for from the Taloja Central
Prison with respect to the mental condition of the applicant. Learned
Counsel for the applicant submits that the Prisoner's Psychiatric Report
dated 5th November 2019, shows that the applicant is suffering from
Schizophrenia.
5. Perused the papers. According to the prosecution, the applicant
assaulted his father - Vijaykumar with a hammer/knife on 12 th November
2018 at around 12:30 p.m., at their residence. On hearing cries for help,
the neighbours ran to the residence of Vijaykumar, and found that
Vijaykumar was lying in a pool of blood at the bedroom door with injuries
on his face, body and head. The cause of death is stated to be 'head injury
with multiple penetrative injuries." The applicant was also sent for his
medical examination and he too was found having some minor/simple
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injuries i.e. abrasions on his little finger, right hand palmor aspect, left hand
near thumb dorsal aspect; CLW on left hand forearm and tenderness on
skull posterior part. The history given by the applicant was 'assault by one
person with an iron rod at Koparkhairane'.
6. It is informed that the applicant was suffering from
Schizophrenia, much prior to the alleged incident and continues to be so
even today. A perusal of the report dated 23rd March 2018, shows that the
applicant was suffering from Schizophrenia and that he was prescribed
medicines for the same by Consultant Dr. Vikas Deshmukh of SSD
Hospital (Sai Snehdeep Hospital). The applicant was also shown at the
Mangal Prabhu Nursing Home, Polyclinic and Diagnostic Centre and was
prescribed medicines for Schizophrenia by Dr. Omkar Mate. The document
annexed to the application also shows that the applicant was being treated at
APEX Multispeciality Hospital at Koparkhairane by Dr. Vikas Deshmukh
and that he was administered medication for the said problem. Having
regard to the aforesaid documents relied upon by the learned counsel for the
applicant, a report was called for from the Taloja Central Prison, with
respect to the medical/mental condition of the applicant. The report of Dr.
Vikram Vaidya and Dr. Kusumamala N. of Psy. Medical Officer, Regional
Mental Hospital, Thane, shows that the patient (applicant) is not sure
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whether he has passed his 12th or he has completed Diploma; that he has
given approximate answers and changes statements; that the patient has
given history of psychiatric illness, of forgetfullness and had disclosed that
he was on medications previously, but knows no details of the same. It is
also stated that he occassionally hears inaudible voices, however no details
are given. Since Psychometric tests were not available at RMH, Thane, the
applicant was referred to Higher Centre for further evaluations. Dr. Archana
R. Singh, Visiting Psychiatrist's Report shows that she examined the
applicant in Taloja Central Prision Hospital. She has stated that the
applicant is suffering from Schizophrenia; that he is mute; that he has
memory loss; that he is not having any insight into his illness and that he is
not taking his own care properly. She has given her impression after
evaluating the applicant, that the 'applicant is suffering from
'Schizophrenia'.
7. Learned Counsel for the applicant has filed an affidavit-cum-
undertaking of the applicant stating therein that the applicant would behave
and obey the instructions of his mother - Meenal and would keep himself
safe from any harm or trouble and that he is willing to undergo all the
necessary medical treatment required and will obey the doctor's instructions
and will not do any thing against medical advise. He has also undertaken to
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remain present in the trial Court on the dates given by the trial Court. The
applicant's mother - Meenal has also filed an affidavit stating therein that
the applicant has been suffering from Schizophrenia since 2017 and gets
frequent schizophrenic attacks; that she is ready and willing to take care of
the applicant for his mental health/treatment and wellbeing; that she will
provide all necessary medical care to the applicant to keep him safe from
any harm; and, that she will make sure that the applicant remains present
in the trial Court on the dates given by the trial Court.
8. Today, the learned counsel for the applicant has tendered a
coloured copy of the letter dated 9th March 2021 issued by Dr. Vikas
Deshmukh stating therein that he had diagnosed in March 2018, that the
applicant was suffering from Paranoid Schizophrenia. He has advised from
the previous records, that the applicant needs to be admitted in Inpatient
Psychiatry set up till he is found fit for discharge.
9. Learned Counsel for the applicant on the instructions of the
mother, who is present in Court, submits that as soon as the applicant is
released from jail, he will be admitted in the Insight Mind Care Center at
Thane (West), run by Dr. Shailesh Umate; and that she will take full
responsibile of his treatment. Statement accepted.
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10. Considering the aforesaid, the application is allowed and the
applicant is enlarged on bail on the following terms and conditions:-
ORDER
(i) The applicant be enlarged on bail, on executing PR Bond in the sum of Rs. 10,000/- with one or two sureties in the like amount;
(ii) The applicant to cooperate with the conduct of the trial and attend the trial Court on all dates, unless exempted.
11. The application is allowed in the aforesaid terms and is accordingly disposed of.
12. It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.
13. Stand over to 24th March 2021, for recording compliance.
14. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.