Sena councillor gets bail in assault case, directed to stay out of Maharashtra
High Court Grants Bail to Sena Councillor in Hospital Assault Case
Bharatmorningnews.com – The Bombay High Court has issued bail to Shiv Sena councillor Ramesh Mhatre alongside his co-accused. This decision comes shortly after their detention for reportedly attacking medical professionals and hospital personnel at a facility in Dombivali. The court imposed a condition requiring the accused to remain outside Maharashtra until formal charges are framed and a charge sheet is submitted.
Bench Observations and Directives
Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad constituted the bench that heard the matter. They observed that the investigation was approaching its conclusion and noted that keeping the accused incarcerated indefinitely would not be appropriate. The court also transferred the proceedings to a fast-track court located in Kalyan.
Rule of democracy is that the elected representative is by the people and for the people. If an elected representative is accused of assaulting his own voters, such a situation is bound to dent the fabric of democracy.
The bench emphasized that the accused must refrain from contacting witnesses or their family members. They were also instructed not to interfere with any evidence. The court cautioned that violations of these bail conditions would result in further action.
According to the court's order, the accused may be permitted to return to Maharashtra once the charge sheet is filed. All individuals involved must surrender their passports to the relevant magistrates. Additionally, they must commit to not committing any offense of any kind and to cooperating fully with the trial process.
Protection for Medical Staff and Timeline
The Kalyan Dombivli Municipal Corporation (KDMC) has been ordered to provide police protection for the doctors and other victims involved. The court clarified that the three doctors would face no disciplinary consequences if they choose not to work following the incident.
The high court noted that only forensic reports remained pending. The state was directed to submit a charge sheet within ten days of receiving these reports. Furthermore, the trial court must frame charges within seven working days after that. The prosecution and defense were warned against seeking unnecessary adjournments to ensure the trial progresses without further delays.
Background of the Incident
The assault occurred on July 6 at the Shastri Nagar Municipal Hospital, where Mhatre, a KDMC councillor, reportedly attacked doctors and nurses. He surrendered on July 19 and was subsequently arrested along with co-accused Ramesh Pawar, Pramod Nikam, and Akshay Karande.
A magistrate's court in Kalyan had granted bail to all four accused on July 14. However, the high court took suo motu cognizance of this order and stayed it, describing the decision as unjustified. The court pointed out that Mhatre had 18 criminal cases registered against him over a span of 36 years.
On July 26, the high court further directed that the investigation into the assault be transferred to a deputy police commissioner-rank officer within two days. Victims and witnesses were also to be provided with security during this period.
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