The Bombay High Court on Saturday (18th July) cancelled the bail of Shiv Sena corporator Ramesh Mhatre, who attacked doctors and hospital staff at the Kalyan-Dombivli Municipal Corporation’s Shastri Nagar Hospital earlier this month.
A Division Bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad took suo motu cognisance of the matter during a special sitting of the court. The High Court ordered Mhatre to surrender till 5 pm tomorrow (19th July). The next hearing in the case will take place on 21st July.
The High Court criticised the Magistrate Court of Kalyan, which granted bail to Mhatre, and observed that the Magistrate Court failed to consider his criminal antecedents before passing the bail order. “In a case where the 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,” the High Court said.
“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,” the Division Bench added.
The High Court pointed out that Mhatre was named in 18 criminal cases, including murder and attempt to murder. “Even though he was acquitted in 17 cases, the court ought to have considered the fact that he was named in 18 cases, some of which were of a very serious and heinous nature,” the Bench noted.
Furthermore, the High Court expressed astonishment over the absence of any conditions, such as directing his presence in the police station, in the bail order passed by the Magistrate’s Court. “No condition is imposed on him by which his presence could be monitored by the probe agency. We are of 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 High Court stated in its order.
The High Court also took notice of the strike announced by doctors in Maharashtra on 22nd July. The judges urged the doctors to reconsider their decision.
Background of the case
The incident took place on 6th July after a dispute over the shortage of NICU beds. Hospital officials said doctors informed the patient’s family that the newborn might require NICU care, but all beds were occupied, so they suggested moving to another hospital. Soon after, Mhatre and his supporters reached the hospital. CCTV footage showed them, including the Shiv Sena leader, punching and slapping doctors and staff for more than three minutes. A woman doctor was also seen trying to call for help before Mhatre struck her from behind, causing her phone to fall.
