The Bombay High Court on Friday ordered the release of Shiv Sena (Eknath Shinde) corporator Ramesh Mhatre from custody, subject to stringent conditions, while putting the investigation and trial in the alleged assault on doctors at a Dombivli civic hospital on a strict timeline to ensure the case is concluded without delay. A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad modified its July 18 order staying the bail granted to Mhatre after recording the State’s assurances on expediting the investigation and trial. The HC also directed the release of three other co- accused. The court directed that the case be assigned to a fast-track court in Kalyan and monitored compliance by listing the matter again on September 11. We do not wish to pass an extensive order as a detailed order was passed on July 18. We are adopting that order for reference,” the bench said. Emphasising the gravity of the allegations, the judges observed, “An elected representative is by the people and for the people. If an elected representative is accused of assaulting his own voters, such a situation dents the fabric of democracy.” The High Court directed the State to send the CCTV footage and voice samples to the Forensic Science Laboratory (FSL), Kalina, within three working days. The FSL has been asked to complete its analysis within 15 to 20 days. The State must file the chargesheet within 10 days of receiving the forensic report.
The bench also directed the government to appoint an experienced Special Public Prosecutor within 15 days. The Registrar General of the High Court has been asked to nominate a judge to hear the case in a fast-track court within seven days. The trial court has been directed to frame charges within five days of the filing of the chargesheet, while both the prosecution and defence have been asked to avoid unnecessary adjournments. The court accepted Mhatre’s undertaking that he would stay outside Maharashtra until the investigation is completed and the chargesheet is filed. He has been directed to reside at the address furnished to the court, report regularly to the local police station, surrender his passport and refrain from influencing witnesses or committing any further offence. The bench also directed the State to provide police protection to the victim doctors and witnesses whenever required during the investigation and trial. It clarified that if any accused violates the bail conditions, the investigating officer must immediately bring it to the trial court’s notice.
The court also recorded the KDMC’s statement that no disciplinary action would be taken against the victim doctors or witnesses if they were unable to attend work due to security concerns. The Indian Medical Association’s intervention application will be heard on the next date, when the court will also review compliance with its directions. The alleged assault took place on July 6 at the Municipal Shastri Nagar Hospital after doctors advised the family of a pregnant woman to shift a newborn to another hospital because all Neonatal Intensive Care Unit (NICU) beds were occupied. According to the prosecution, the patient’s relatives contacted Mhatre, who then allegedly entered the hospital with his associates and assaulted a woman doctor and two male doctors. While staying Mhatre’s bail on July 18, the HC had noted that 18 criminal cases had been registered against Mhatre over the past 36 years, including cases involving serious offences, though he had been acquitted in 17 of them. It said the magistrate failed to properly consider these antecedents while granting bail.
