Mehul Thakur vs Director Of Enforcement And Anr
2021 Latest Caselaw 7495 Bom

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                                                                         17.ba1759.21.doc




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION
                     BAIL APPLICATION NO.1759 OF 2021

Mehul Thakur                                  ... Applicant.
           V/s.
Directorate of Enforcement & Ors.             ... Respondents


Mr.A.P.Mundargi, Senior Counsel with Mr.M.S.Mohite, Senior Counsel with
Mr.Mihir Gheewala i/b Mr.Vivek S. Babar for the Applicant.

Mr.H.S.Venegavkar for Respondent No.1.

Mr.S.R.Agarkar APP for the Respondent Nos.2 and 3.
                                 .......

                                  CORAM: MADHAV J. JAMDAR, J.

(VACATION COURT)

DATE : 21ST MAY. 2021 (THROUGH VIDEO CONFERENCING) P.C:-

1. Heard Mr.Mundargi, learned Senior Counsel appearing for the Applicant. He pointed out the medical report dated 4th April, 2021. He submitted that the Applicant is suffering from mental illness and, therefore, application for temporary bail is preferred.

2. A perusal of the said report dated 4/04/2021 of Department of Psychiatry of Grant Medical College and Sir J.J.Group of Hospitals, Mumbai 400 008 shows that the said report records mental status examination, impression and conclusion which are reproduced hereinbelow for ready reference :

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17.ba1759.21.doc "On Mental Status Examination : He is conscious, cooperative, communicative, Attention is aroused and sustained, eye contact initiated & maintained; rapport established; oriented to time, place and person; Speech and thought; continuous, coherent, relevant, obsessional doubts present, mental compulsions present, Magical thinking- present; compulsive checking- present; ideas of hopelessness- present, no delusions or no active suicidial ideation, Concept intact, no perceptional abnormality; Mood - sad, Affect depressed; Insight present, Judgment intact.

IMPRESSION : Major Depressive Disorder with Obssessive Compulsive Disorder, in continuous.

CONCLUSION : 1) He is suffering from mental illness which requires treatment.

2) No need of Indoor management.

3) Treatment (Drug & Counselling) can be taken from private/government Psychiatrist/Psychologist as per patient's choice".

3. It is thus clear that the Applicant is suffering from mental illness and requires treatment (Drug and Counselling).

4. The said report dated 4th April, 2021 clearly recommends counseling from private/Government Psychiatrist/Psychologist.

3. Mr.Agarkar, learned APP appearing for Respondent Nos.2 and 3 submitted that detail medical report is necessary before considering any relief to be granted in favour of the Applicant and also submitted that it is

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17.ba1759.21.doc necessary to hear Respondent No.1 - Directorate of Enforcement before passing any order.

4. Mr.Venegavkar, learned Counsel appearing for Respondent No.1 states that he has received telephonic instructions few minutes back to appear in the matter and, therefore, seeks sometime.

5. Mr.Mundargi, learned Senior Counsel appearing for the Applicant fairly states that the jail authorities are providing the Applicant with appropriate medicines, however, as far as counselling is concerned, if this Court permit counselling by private Psychiatrist/Psychologit that will have great impact in improving the mental health condition of the Applicant.

6. It is settled legal position that prisoners do have the right to obtain medical treatment and the same cannot be deprived as the same will be violative of protection conferred under Article 21 of the Constitution of India.

7. Therefore in the facts and circumstances of the case and as an interim arrangement till the Respondents file their reply and Criminal Bail Application is heard on merits the following order is passed :

(a) The Superintendent of Jail, Arthur Road Prison, Mumbai to ensure that the Applicant is granted facility of counselling of one private psychiatrist/psychologist of his choice in the premises of Arthur Road prison by following Covid-19 norms. At the time of such private counseling one Psychiatrist/Psychologist from the Grant Medical College and Sir J.J.Group of Hospitals shall remain present. Such counselling be done twice in a week and for two hours per session. The dates and time of such counselling be

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17.ba1759.21.doc fixed by taking into consideration convenience of both the abovementioned Psychiatrist/Psychologist.

(b) The charges of private Psychiatrist/Psychologist shall be borne by the Applicant.

(c) The Superintendent of Jail shall ensure that all facilities are provided for such counselling and privacy shall be provided to the two respective Psychiatrist/Psychologist and the Applicant. However, the Jail Authorities shall ensure that guards are kept outside the room where such counselling is scheduled.

(d) The Respondents to file their respective Affidavit in Replies on or before 11th June, 2021.

(e) Stand over to 14th June, 2021.

[MADHAV J. JAMDAR, J.]