Bombay High Court
Santosh Moreshwar Mehar vs The State Of Maharashtra on 5 March, 2020
Equivalent citations: AIRONLINE 2020 BOM 503
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
BA 464-2020.doc
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 464 OF 2020
Santosh Moreshwar Mehar .Applicant
Vs.
The State of Maharashtra .Respondent
Mr. G. Bhawnani a/w Mr. A. W. Khan, Advocate, for the Applicant
Mrs. P. P. Shinde, APP, for the Respondent - State
Mr. H. S. Mind, Senior Jailor, Taloja Central Jail, Mumbai present
Mr. V. R. Karambalkar, PSI, Colaba Police Station, Mumbai present
CORAM : REVATI MOHITE DERE, J.
DATE : 05.03.2020
P. C.
. Heard learned counsel for the parties.
2. By this third Application, the Applicant seeks his
enlargement on bail ( on medical grounds ) in connection with C. R. No.
133 of 2017 registered with the Colaba Police Station, Mumbai, for the
alleged offences punishable under Sections 376, 354(A), (2), (D), 506 of
the Indian Penal Code and under Sections 4 and 12 of the Protection of
Children from Sexual Offences Act.
3. Both, the earlier bail Applications were rejected on merits.
The present bail Application is filed on medical grounds, having regard
to the medical condition of the Applicant i. e. the Applicant is suffering
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from Schizophrenia, multiple calculi with sludge in gall bladder with
Subacute Intestinal Obstruction.
4. On the last date, in view of the submissions advanced by
the learned counsel for the Applicant, the learned APP was asked to
place on record the Medical Report of the Applicant. Pursuant thereto,
the learned APP has placed on record the Medical Report of the
Applicant dated 05.03.2020, given by the Chief Medical Officer, Taloja
Central Prison, Navi Mumbai. The said report is taken on record and
marked as "X" for identification.
5. A perusal of the said report shows that the Applicant is
suffering from multiple stones in the gall bladder. The medical report
also shows that the Applicant is suffering from Schizophrenia and is
under treatment for acute psychotic episodes. According to the Chief
Medical officer, Taloja Central Prison, Navi Mumbai, the Applicant is
presently in Prison Hospital and that psychiatric medicines are being
administered to him under strict supervision. The Medical Report in
conclusion states as under :-
"Schizophrenia, disoriented, suffering from memory loss, unhygienic,
irregular bath and meals, Not Co-operative, restlessness, itching all over
body, general weakness". In the said report, the Chief Medical Officer
has also stated that the prisoner is suffering from psychiatric disorder
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and his general health condition is poor and deteriorating day by day.
The report of Dr. Archana R. Singh, Visiting Psychiatrist, Civil Hospital,
Alibaug has also been annexed to the Chief Medical Officer's Report,
which shows that the Applicant is suffering from Schizophrenia, is
disoriented, & suffers from memory loss. He is also stated to be of
unsound mind. She has also stated that it is difficult to treat the
Applicant in Taloja Prison, as he suffers from hallucinations and
paranoid delusion.
6. Learned counsel for the Applicant has tendered an Affidavit
of the Applicant's wife - Sandhya Santosh Mehar. In the said Affidavit,
the Applicant's wife undertaken to look after the mental and physical
well-being of the Applicant and has also undertaken to provide him
medical treatment. She has also undertaken to ensure that the Applicant
will not commit any offence whilst on bail and that she takes full
responsibility of his behaviour. Learned counsel for the Applicant on
instructions also states that the Applicant's wife will ensure that the
Applicant will remain present before the trial Court on the dates given
by the trial Court, so that the trial is not delayed.
7. Having regard to the Medical report tendered by the
learned APP, depicting the medical condition of the Applicant, the
Applicant is enlarged on bail only on the said ground on the following
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terms & conditions :-
ORDER
(i) The Applicant be enlarged on bail, on executing P. R. Bond in the sum of Rs. 5,000/- with one or two sureties in the like amount;
(ii) The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;
(iii) The Applicant shall attend all the dates given by the trial Court;
(iv) The Applicant's wife to file an undertaking in the trial Court within one week of his release that she will comply with the undertaking given to this Court;
(v) The Applicant shall not leave the jurisdiction of Mumbai / Thane city without the prior permission of the trial Court;
(vi) The Applicant shall co-operate in the conduct of the trial.
8. The Application is allowed in the aforesaid terms and is accordingly disposed of.
All concerned to act on the authenticated copy of this order.
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