Bombay HC Cancels Bail Of Shiv Sena Corporator In Doctors Assault Case
The High Court took note of the statewide reaction to the bail order, observing that doctors across Maharashtra had announced a strike on July 22 to protest the release of Mhatre and his associates.
Mumbai: The Bombay High Court on Saturday cancelled the bail granted to Shiv Sena corporator Ramesh Mhatre, who is accused of assaulting three doctors at a municipal hospital, holding that the magistrate's court failed to consider his criminal antecedents and the gravity of the offence.
Taking suo motu cognisance of the bail granted to Mhatre and four co-accused, a division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad convened a special sitting on Saturday and stayed the magistrate’s order.
“In a case where the accused led four more persons and attacked three doctors in a corporation hospital, showing his fury against the doctors and severely beating them, we think the Magistrate has taken it lightly and has not even considered Mhatre's antecedents,” the bench observed.
According to reports, Mhatre has been acquitted in 17 previous cases. However, the High Court noted that he had been named in 18 criminal cases, including some involving serious and heinous offences, and said the magistrate ought to have considered his antecedents despite the acquittals.
“Considering the overall impact of Mhatre's conduct, and the effect that his actions have had on medical professionals, especially doctors working in civic and state hospitals who are employees of the State government, prima facie we do not find that the Magistrate could have passed an order which doesn't even deal with the antecedents of the accused and the assault on the three doctors,” the court said.
The bench also set aside the bail granted to the four other accused who were booked along with Mhatre.
The High Court took note of the statewide reaction to the bail order, observing that doctors across Maharashtra had announced a strike on July 22 to protest the release of Mhatre and his associates. While emergency and essential medical services were to remain operational, the court said the incident had wider implications for the medical fraternity.
After cancelling the bail, the bench urged doctors to reconsider their decision to abstain from work, particularly in view of their “service to mankind”.
The court further observed that the police had sought Mhatre’s custodial interrogation and expressed surprise that the magistrate’s order imposed no conditions requiring him to cooperate with the investigation or periodically report to the police.
“The operative part of the order virtually lets him go,” the bench remarked, noting that there was no direction requiring Mhatre to mark his presence at the police station or any mechanism to monitor his availability during the investigation.
Holding that the bail order deserved to be stayed, the High Court directed Mhatre to surrender before the Dombivli police by 5 pm on July 19. It further ordered that if he failed to surrender or could not be traced, the authorities would be free to initiate proceedings, in accordance with law, for attachment of his immovable properties.