Bombay High Court
Kavita Dwivedi Also Known As Kavita ... vs The State Of Maharashtra on 21 May, 2021
Equivalent citations: AIRONLINE 2021 BOM 1351
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1258 OF 2021
Mrs.Kavita Dwivedi .... Applicant
versus
State of Maharashtra .... Respondent
.......
• Ms.Sheetal Sabnis, Advocate for Applicant.
• Ms.A. A. Takalkar, APP for the State/Respondent.
CORAM : SARANG V. KOTWAL, J.
DATE : 21st MAY, 2021
(Through video conferencing)
P.C. :
1. The Applicant is seeking anticipatory bail in connection
with C.R.No.59/2021 registered with Turbhe Police Station, Navi
Mumbai, on 27/03/2021, under sections 323, 353, 427 of the
Indian Penal Code.
2. The FIR is lodged by police constable Smt. Asha Ajay
Patil attached to Sanpada Police Station. She has stated that, on
27/03/2021, at about 07.30 p.m., the Applicant came to
Nesarikar
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Sanpada police station and caused disturbance. According to the
Applicant, her husband had taken away her daughter and she
wanted the police to take action against her husband. The
Applicant's behaviour was loud and disturbing. She was not
listening to anybody. She was shouting. She was telling that she
was Corona positive patient and she was being treated at Fortis
hospital at Vashi. The Applicant entered the cabin of incharge
police officer of the police station. She threw away papers,
threw remote control of set top box, poured water from a bottle
on the table, uttered abuses in filthy language and threatened
the police officers. The informant tried to stop her. The
Applicant pushed her away, held her neck and threatened her.
After that she went away.
3. Heard Ms.Sheetal Sabnis, learned counsel for the
Applicant and Ms.A. A. Takalkar, learned APP for the State.
4. Learned counsel for the Applicant submitted that the
Applicant had history of psychological problem. After the
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incident, she was admitted to Sunshine Wellness Centre for
about a month. She was suffering from Schizophrenia and
bipolar mood disorder. She submitted that the Applicant's case
therefore should be treated with sympathy. She further
submitted as of today the Applicant is looked after by her
husband and he is taking responsibility of keeping her under
observation and good care.
5. The Applicant's daughter is 7 years of age and she has
undergone tremendous stress because of this. Therefore
basically on humanitarian ground, learned counsel for the
Applicant prayed for protection from arrest.
6. Learned APP pointed out that the Applicant had
entered the police station when she was still positive with
corona infection and thus she had put everyone's life at risk.
7. I have considered these submissions. From the
narration in the FIR it is more than clear that the Applicants'
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behaviour was not normal. The Applicant was admitted to
Sunshine Wellness Centre on 01/04/2021 i.e. immediately
within a few days from this incident. She was admitted at that
centre for about a month and the diagnosis was mentioned as
"Schizophrenia and bipolar mood disorder" the Applicant had
tested positive for Corona. She was initially admitted in Fortis
hospital. Since the Applicant had created ruckus even in that
hospital, the hospital authorities had to discharge her though
she had not recovered from Covid.
8. While it is true that she had put others at risk, however
her behaviour indicates that she was suffering from disorder as
mentioned in the certificates attached to this application. The
police also did not arrest her immediately at the police station.
She has a minor daughter of 7 years of age. Considering all
these factors; on humanitarian grounds, I think this is not a case
where police require custodial interrogation of the present
Applicant. I am also taking into account the statement made by
learned counsel for the Applicant that at present the Applicant is
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being looked after by her husband and he is taking responsibility
for her well being. In this view of the matter, the Applicant can
be protected by an order of anticipatory bail.
9. Hence, the following order :
ORDER
(i) In the event of her arrest in connection with C.R.No.59/2021 registered with Turbhe Police Station, Navi Mumbai, the Applicant is directed to be released on bail on her furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.
(ii) Application stands disposed of accordingly.
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