Bombay High Court Intervenes in Shiv Sena Case
In an unusual Saturday session, the Bombay High Court placed a stay on the bail initially granted to Shiv Sena corporator Ramesh Sukrya Mhatre by a Kalyan court. This decision arises from a case involving the assault of doctors in Thane district earlier this month.
Special Hearing and Court’s Decision
The division bench composed of acting Chief Justice Ravindra V. Ghuge and Justice Gautam Ankhad took suo motu cognizance of media reports concerning the July 6 incident. The court registered a petition to review and subsequently stayed the bail order issued by a magistrate court in Kalyan.
Following the stay, the High Court directed Ramesh Mhatre to surrender himself at the Vishnu Nagar police station in Dombivli. The court clearly stated, “In the event he does not surrender or he is not reachable, the authorities will be at liberty to follow the due procedure for initiating steps for attaching his immovable properties.”
Concerns Over Mhatre’s Criminal Background
The court also expressed disapproval of the magistrate’s decision to grant bail, pointing to Mhatre’s extensive criminal history. The bench noted that Mhatre had 18 offenses registered against him over the past 36 years, although he was acquitted in 17 cases. The court observed, “We find from the order granting bail that the magistrate did not even notice that the accused was not interrogated after recording his first statement.”
The bench further emphasized that Mhatre’s involvement in orchestrating an attack on doctors at a municipal hospital was a serious matter, especially given his previous record. “Considering the overall impact of the conduct of Mhatre and the effect that his actions have had on medical professionals, prima facie we do not find the magistrate could have passed an order which does not even deal with antecedents of the accused and the assault he caused on the three doctors,” the court stated.
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Background and Reactions
Earlier this week, the magistrate had granted Mhatre bail on a bond of ₹50,000 following his remand to judicial custody on July 13. The police opposed this decision, citing the risk posed to the complainant and highlighting Mhatre’s alleged criminal background. Mhatre argued that he had been acquitted or discharged in most cases, with only one pending, and cited medical issues such as having a single kidney.
According to the FIR, the conflict arose over the treatment of a pregnant woman, which led to a recommendation to transfer her to another facility due to a lack of NICU beds. Mhatre is accused of leading an assault on the doctors as a result. The incident has provoked significant outrage, prompting protests from the medical community, including threats of a shutdown by the Indian Medical Association.
