The Bombay High Court recently granted bail to an HIV positive patient, booked for kidnapping a minor boy and threatening him of dire consequences. The HC noted that the accused was mentally unwell and had even swallowed a razor blade.
A bench of Justice Revati Mohite-Dere was hearing a bail plea filed by one Pandurang Sonawane, arrested in December 2018 for kidnapping a minor boy as his father had allegedly harassed him.
"The applicant (Sonawane) is HIV positive and has a history of mental illness," Justice Mohite-Dere noted.
"His medical report shows that hehad swallowed a razor blade in December 2018 under the influence ofalcohol. And then was treated by an ENT surgeon of JJ Hospital, Mumbai," the judge noted further.
The judge further took into account the fact that Sonawane was also treated by a Psychiatrist of the J J hospital for hearing voice, irritability and decreased sleep since one and a half months, known case of Psychiatric illness since 8-9 years and history of admission in Thane Mental hospital 8 years back.
"Since his father has expired and his mother is old, his uncle aged 62 years has filed an affidavit-cum-undertaking, stating therein that he is aware of Sonawane's medical condition and that they are residing together since birth. He has undertaken his full responsibility, with respect to his mental condition," the judge took into account.
"Having regard to the medical condition of Sonawane and theaffidavit-cum-undertaking and the fact that he is in custody for more than two and a half years, his application is allowed and he is enlarged on bail," the judge ordered.