Supreme Court cancels Sena corporator’s bail in Thane doctors’ assault case

During Monday’s hearing, the Supreme Court heard the submissions of Mhatre, the doctors, and the medical organisations involved in the case.

The prosecution and the complainant’s lawyers also referred to the allegations of abusive language and assault against the doctors and Mhatre’s previous cases while opposing the continuation of his bail.

The bench also pointed out that Mhatre had faced cases even before and this was his 19th matter.

Senior Advocate Siddharth Dave, who appeared for Mhatre, however, said the cases were politically motivated and that he had already been acquitted in 18 of them.

The court also noted a similar incident involving the same political party after the incident allegedly involving Mhatre. The reference was to the alleged assault on staff of a Palghar hospital over the treatment of a 19-year-old man injured while participating in a Dahi Handi celebration.

The Maharashtra Police had booked 17 Shiv Sena workers in connection with the incident.

Thane doctors’ assault case

On July 6, Mhatre and others allegedly assaulted three doctors after they advised that a pregnant woman be shifted from the Kalyan-Dombivli Municipal Corporation (KDMC)-run Dombivli Municipal Shastri Nagar Hospital, where all NICU beds were occupied. The police arrested him two days after the incident.

Although a Sessions Court granted him bail on July 14, the Bombay High Court took note of the matter and stayed the order on July 18. On August 7, the high court granted him bail but imposed stringent conditions, including that Mhatre and the other accused not enter Maharashtra until the trial commenced.

It also directed the state government to appoint a special public prosecutor and constitute a fast-track court.

Mhatre later approached the Supreme Court against some of the conditions the high court imposed. He withdrew that appeal after the Supreme Court expressed strong disapproval of the alleged assault and observed that people involved in such incidents “do not deserve to roam on the streets even for a minute”.

The state government subsequently sought cancellation of his bail.

After the high court granted him bail, Mhatre attended meetings of the Kalyan-Dombivli Municipal Corporation general body, according to the report. He returned to Dombivli from Goa after completing his externment.

Framing of charges

The Kalyan court had framed charges against Mhatre and four others earlier this month. The case was listed for compliance on supplying documents to the accused, after which witnesses are expected to be examined.

A woman accused in the same case, Sadhana Sanjay Karande, was denied bail by the Kalyan court last week and has been in Aadharwadi jail for around two and a half months.

The charges against Mhatre include assault or use of criminal force to deter public servants from discharging their duties, criminal intimidation, intentional insult, and voluntarily causing hurt under the Bharatiya Nyaya Sanhita. The police also booked him under the Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010.

The charges are allegations, and Mhatre has pleaded not guilty. The trial will determine the case.