Doctors Assault Case: Bombay High Court Cancels Shinde Sena Corporator Ramesh Mhatre's Bail; Urges Doctors To Withdraw Strike Call

The Bombay High Court in a special sitting on Saturday, cancelled the bail granted to Ramesh Mhatre, the sitting corporator from Shiv Sena (Eknath Shinde), booked for assaulting three doctors of civic-run hospital.

The high court today took suo motu cognisance of an order passed by a Magistrate court in Kalyan granting bail to Mhatre. 

Notably, doctors across Maharashtra had announced that they would abstain from work on July 22 after Mhatre was granted bail, along with his four associates who were also accused of actively assaulting the doctors.

A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad took suo motu cognisance of the Magistrate's order and cancelled Mhatre's bail.

"In a case where accused led four more persons and attacked 3 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. Considering the overall impact of Mhatre's conduct, and the effect that his actions have had on the medical professionals especially the doctors who were working in civics and State hospitals and are employees of the State govt, 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 caused on the three doctors," ACJ Ghuge recorded in the order.

The bench noted that the Police desired to interrogate Mhatre but it was "surprised" to note from the operative part of the Magistrate's order, which indicated that Magistrate had "virtually let go" Mhatre as there as no direction to mark his presence in the concerned police station on certain dates or days in a week and co-operate with the probe.

"No condition is imposed on him by which his presence could be monitored by the probe agency. We are if the view that the order deserves to be stayed and shall be kept in abeyance until further orders. He is directed to surrender to the Dombivli police station prior to 5 PM on July 19. In the event he doesn't surrender or isn't reachable, the authorities will be at liberty to follow the due procedure for initiating steps for attaching his immovable properties," the bench ordered.

The bench also cancelled the bail granted to 4 other assailants who were booked along with Mhatre.

While cancelling the bails granted to Mhatre and his associates, the judges appealed to the doctors not to resort to strike.

"We would appeal all the doctors in government and civic hospitals to reconsider their decision of commencing the strike on July 22 in the larger interest of the society and considering their service to mankind,"ACJ Ghuge appealed.

The suo motu plea would now be heard on Tuesday (July 21). 

Advocate Niranjan Mundargi appeared as amicus curiae. Advocate General Milind Sathe, assisted by Chief Public Prosecutor Shishir Hiray represented State.