The Bombay High Court on Saturday stayed the bail granted to Shiv Sena corporator Ramesh Mhatre who was arrested for allegedly assaulting doctors and staff at a civic hospital in Maharashtra’s Dombivli, Live Law reported.
The court directed him to surrender to the police by 5 pm on Sunday.
A bench of Acting Chief Justice Ravindra V Ghuge and Justice Gautam Ankhad took suo motu cognisance of reports about the July 6 assault on doctors at Shastri Nagar Hospital and the trial court’s decision to grant bail.
The High Court also stayed the bail granted to four others accused in the case.
“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,” Live Law quoted the bench as saying.
The High Court also appealed to doctors working in municipal and state government hospitals, as well as the Indian Medical Association, to reconsider their proposed strike “in the larger interest of society and service to mankind”, The Indian Express reported. The strike is planned to begin on Monday.
The case relates to Mhatre and his associates allegedly assaulting doctors at the hospital on July 6 after the family of a pregnant woman was asked to transfer her to another medical centre because there were no beds available in the neonatal intensive care unit, which the newborn was expected to require.
The family contacted Mhatre, a municipal corporator from the Shiv Sena faction led by Deputy Chief Minister Eknath Shinde, who arrived at the hospital with his supporters, according to the police.
Surveillance camera footage shared on social media showed the corporator and his associates punching and slapping the hospital staff.
Mhatre had been absconding until he surrendered to the police on July 8.
After complaining of health problems, he was taken to hospital before being formally arrested following his discharge. His associates had been arrested earlier.
He was granted bail by a court in Kalyan on Tuesday.
While staying the bail, the High Court said the magistrate had failed to adequately consider Mhatre’s criminal antecedents, Live Law reported.
It noted that 18 criminal cases had been registered against him in the past 36 years and observed that the bail order did not deal with his antecedents or the alleged assault on three doctors, The Indian Express reported.
“We find from the order granting bail that the magistrate did not even notice that the accused was not even interrogated after recording his first statement,” the judges further stated.
The High Court also questioned the circumstances surrounding Mhatre’s release.
It noted that he had been admitted to Thane District Government Hospital while in custody because of health issues, including high blood pressure, and was discharged after being granted bail.
“Till the bail was not granted, he was hospitalised, and the moment bail was granted, he became fit to be discharged,” The Indian Express quoted the bench as having verbally remarked.
When asked why the state had not challenged the bail order earlier, Advocate General Milind Sathe and Chief Public Prosecutor Shishir Hiray told the bench that the trial court’s order had been made available only on Friday night.
The case will continue being heard on Tuesday, Live Law reported.
Edited by Nachiket Deuskar.
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