Bombay HC Cancels Bail Of Shiv Sena Corporator In Doctors Assault Case

Mumbai: The Bombay High Court on Saturday set aside the bail granted to Shiv Sena corporator Ramesh Mhatre, accused of assaulting three doctors at a municipal hospital, on the grounds that the magistrate court did not take into account his criminal history and the seriousness of the offence.

Taking cognizance of the bail granted to Mhatre and four other accused, a division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad held a special session on Saturday and set aside the magistrate’s order.

“In a case where the accused took four more persons and attacked three doctors in a corporate hospital, displayed his anger towards the doctors and beat them severely, we feel that the Magistrate took it lightly and did not even take into account Mhatre’s background,” the bench said.

According to reports, Mhatre was acquitted in 17 cases filed earlier. However, the Supreme Court noted that he was named in 18 criminal cases, some of which involved serious and heinous crimes, and said the magistrate should have taken into account his background despite the acquittal.

“Considering the overall impact of Mhatre’s conduct and the impact of his actions on medical professionals, especially doctors working in civil and government hospitals who are state government employees, we do not prima facie think that the Magistrate could have passed an order that did not even consider the background of the accused and the attack on the three doctors,” the court said.

The court also canceled the bail granted to four other defendants who were detained along with Mhatre.

The Supreme Court took note of the statewide reaction to the bail order, observing that doctors in Maharashtra had declared a strike on July 22 to protest the release of Mhatre and his friends. Although emergency and essential medical services will remain operational, the court said the incident had wider implications for the medical community.

After bail was revoked, the panel called on doctors to reconsider their decision to stay away from work, especially considering their “service to humanity”.

The court also observed that the police wanted Mhatre to be interrogated in custody and expressed surprise that the magistrate’s order did not impose any conditions requiring him to cooperate with the investigation or report to the police periodically.

“The actual part of the order allows him to go,” the bench said, noting that there was no order requiring Mhatre to mark his presence at the police station or any mechanism to check his compliance during the investigation.

Deciding that the bail decision deserved to be postponed, the Supreme Court ordered Mhatre to surrender before the Dombivli police by 17:00 on July 19. It also ordered that if he did not surrender or could not be traced, the authorities should be free to initiate proceedings for the seizure of his real estate, in accordance with the law.