- High Court granted bail to corporator Mhatre and co-accused.
- Accused banned from state; case fast-tracked for trial.
- Court mandated swift chargesheet filing and victim protection.
The Bombay High Court on Friday granted bail to Shiv Sena corporator Ramesh Mhatre and four other accused in a case involving the alleged assault of doctors and hospital staff at a municipal hospital in Thane district.
The court, while granting bail, directed that the trial be expedited and transferred the case to a fast-track court in Kalyan.
A bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad said the investigation was nearing completion and the accused could not be kept in custody indefinitely.
HC Imposes Strict Bail Conditions
The court imposed stringent conditions on Mhatre and the other accused. They have been directed to remain outside Maharashtra until the chargesheet is filed.
The accused will be permitted to return to Maharashtra only after the trial court frames charges. Even after their return, they have been barred from contacting witnesses or tampering with evidence.
The bench observed that an elected corporator is believed to be “for the people and by the people”.
“If such an elected person assaults his own voters, then it is an assault on the fabric of the democracy itself,” the High Court said.
The court, however, said bail could be granted given that the investigation was progressing rapidly and the accused had already spent time in custody.
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“However, considering the fact that the investigation is now being carried out at a fast pace and the accused have now spent some time behind bars, we feel bail can be granted,” the court said.
“The accused will be allowed to return to Maharashtra only when the trial court frames charges in the case. Even then, they shall not contact the witnesses in the case or tamper with any evidence,” the HC added.
Court Sets Timeline For Chargesheet And Trial
The Bombay High Court directed the police to file the chargesheet within five days of completing the investigation and receiving reports from the State Forensic Science Laboratory.
The forensic laboratory reports are to be submitted within 12 working days.
“The trial court shall frame charges against the accused within one week after filing of chargesheet. Once the trial commences, the prosecution and defence shall refrain from seeking adjournments on unreasonable and trivial grounds,” the bench said.
The court also directed the Kalyan Dombivli Municipal Corporation (KDMC) to ensure police protection for the doctors and other victims.
It further ordered that no disciplinary action be taken against the three doctors if they decline to work in view of the incident.
What Happened At Dombivli Hospital?
Mhatre and his three accomplices were arrested on July 8, a day after they allegedly attacked two doctors and other staff members at Shastri Nagar Municipal Hospital in Dombivli.
The incident followed a complaint that a nine-month pregnant woman with pregnancy-related complications had been denied admission because there were no beds available in the civic hospital’s Neonatal Intensive Care Unit (NICU).
The alleged assault triggered widespread outrage among the medical fraternity after CCTV footage of the incident went viral on social media.
The Bombay High Court had earlier taken suo motu cognisance of the matter and stayed a magisterial order that had granted bail to Mhatre. He subsequently surrendered before the police a day later and has remained in judicial custody since then.
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