MUMBAI: The Bombay high court on Friday fast-tracked the trial and granted bail to Shiv Sena corporator Ramesh Mhatre and three others accused in the July 6 assault on doctors, including a woman doctor, at a municipal hospital in Dombivli. However, all four have been directed to remain outside Maharashtra until the criminal trial begins.A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad imposed the stringent condition after Mhatre’s senior counsel, Aabad Ponda, submitted that the 73-year-old corporator, who had “learnt a lesson”, was willing to reside in any other state until the chargesheet was filed. The HC also laid down a strict timeline for the investigation and prosecution, meaning the period the accused spend outside Maharashtra is likely to last a little over three weeks.Dictating the order in open court, ACJ Ghuge observed, “In a democracy, an elected representative is by the people and for the people. If he is accused of assaulting his own voters, such an incident is bound to bend the fabric of democracy.”Police arrested Mhatre on July 8 for allegedly slapping and punching a doctor and assaulting a resident medical officer. A local court granted him bail on July 14 while he was admitted to hospital. He was released, but on July 18 the high court took suo motu cognisance of the matter, stayed the bail order for all four accused and directed Mhatre to surrender. He surrendered on July 19.The four accused were lodged in Kalyan jail. During Friday’s hearing, all four informed the court that they would stay in Goa. Mhatre furnished the address of a resort in North Goa, while the other three, represented by advocate Sana Raees Khan, said they would stay at a nearby guest house. ACJ Ghuge remarked in jest, “Mhatre will have company.”In its July 18 order, the HC had observed: “…in the labour ward of Shastri Nagar Hospital, Dombivli, a lady doctor and two male doctors were physically and brutally assaulted by persons, namely, Ramesh Mhatre, Ramesh Pawar, Pramod alias Prakash Nikam and Akshay Karande… There has been an uproar from the masses… over the beating of doctors on duty.” The court had also noted that the offence was “more grave because a lady doctor was also assaulted and it is reported that she has resigned out of fear.“Senior counsel S.U. Kamdar, appearing for the Indian Medical Association (IMA), which had initially called a strike before withdrawing it after the HC’s suo motu intervention during a special Saturday hearing, sought police protection for the woman doctor and the first informant doctor. The court was informed that both had submitted their resignations, although the Kalyan-Dombivli Municipal Corporation (KDMC) had not accepted them. The HC directed the civic body to ensure their protection.Public Prosecutor Shishir Hirey, appearing via video conferencing, and Additional Public Prosecutor K.V. Saste informed the court that the chargesheet would be filed shortly, but statements of three witnesses still had to be recorded before a magistrate.The HC laid down a timeline for the prosecution. It directed that the accused’s voice and video samples be sent to the state forensic laboratory within three working days. The forensic report is to be submitted within about 10 days, after which the chargesheet must be filed within the next five days.The court also directed the state to appoint an experienced lawyer as Special Public Prosecutor, describing the case as “very important”. It specifically ordered that the SPP should not be replaced midway through the trial, as had happened in some other cases.The HC further directed that charges—the final pre-trial stage—be framed within seven days of the filing of the chargesheet, after which the trial will commence.Senior counsel Ashok Mundargi had urged the court to expedite the trial to reassure citizens that the justice system functions effectively, particularly in high-profile cases. Accepting the submission, the HC directed its registry to appoint, within a week, a judge from the Kalyan courts to preside over the matter as a fast-track court.Bail conditions:
- The accused shall not tamper with the investigation or influence witnesses.
- They shall not leave India without prior permission of the court.
- Mhatre shall surrender his passport; the other three informed the court that they do not possess passports.
- They shall not commit any similar offence or attempt to prolong or delay the trial.
- Neither the defence nor the prosecution shall seek unnecessary or frivolous adjournments.
