‘Medical fraternity cannot be touched’ : SC stays bail to Shiv Sena corporator Ramesh Mhatre

The Supreme Court on Monday stayed the Bombay High Court order granting bail to Shiv Sena corporator Ramesh Mhatre, who is accused of assaulting doctors at a municipal hospital in Thane district, and directed him to surrender within three days.

A bench of Justices Vikram Nath and Sandeep Mehta admitted the Maharashtra government’s appeal challenging the bail order.

“The message should go out loud and clear that the medical fraternity cannot be touched. They serve people and cannot be attacked in this manner,” the bench said.

The court said the case was serious and involved public order concerns. Justice Mehta also said the court wanted to send a clear message that doctors should not be attacked.

Senior advocate Siddharth Dave, appearing for Mhatre, told the court that the trial had already begun and two witnesses had been examined. He said the complainant, a woman doctor, was scheduled to be examined on October 3.

Dave also argued that Mhatre had already spent time in custody, was cooperating with the trial and faced an offence triable by a magistrate, with a maximum sentence of five years. He said Mhatre had been acquitted in 18 of the 19 cases cited against him and claimed the cases were politically motivated.

Appearing for the doctor, advocate Rajeev Kumar Panday opposed the continuation of bail, saying Mhatre had 19 criminal cases pending against him, including the present case.

The case relates to an incident at Shastri Nagar Hospital on July 6, when Mhatre and four others allegedly assaulted doctors and medical staff following an argument over the alleged delay in treating a pregnant woman.

The Bombay High Court had granted Mhatre bail on August 7 and directed that the trial be completed within a time-bound period. It had also granted bail to the four other accused and imposed conditions, including a direction that they remain outside Maharashtra until the chargesheet was filed.

A Thane court had earlier granted Mhatre bail on July 15.

The Supreme Court’s latest order puts the High Court’s bail relief on hold, with Mhatre required to surrender within three days.