Sena councillor gets bail in assault case, directed to stay out of Maharashtra

The Bombay High Court recently granted bail to Ramesh Mhatre, a Shiv Sena councillor, along with a co-accused, following their arrest for allegedly assaulting healthcare professionals at a hospital in Dombivali, Maharashtra. However, the court imposed a condition on the accused, mandating that they refrain from entering Maharashtra until a charge sheet is filed and charges are formally framed.

The bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad explained that the accused would not be detained indefinitely while the investigation progressed, and the case was transferred to a fast-track court in Kalyan. The bench emphasized the importance of preserving democracy, as the elected representative's actions could undermine public faith in governance.

They instructed the accused to avoid contacting witnesses and their relatives, as well as tampering with evidence, and warned of consequences for any violation of bail conditions. The court further ordered the accused to surrender their passports to the relevant magistrates and to cooperate fully with the trial proceedings. The Kalyan Dombivli Municipal Corporation (KDMC) was tasked with providing police protection to the victims and their families, and the high court noted that no disciplinary action would be taken against the three doctors involved if they declined to participate in the case.

The forensic reports were the only pending requirement, and the state was ordered to submit the charge sheet within ten days of receiving the report. The trial court was directed to frame charges within seven working days after receiving the charge sheet. The high court cautioned against unnecessary adjournments by the prosecution and defense to ensure a prompt trial.

Mhatre was among four individuals who surrendered on July 19 and were initially granted bail by a magistrate's court in Kalyan on July 14. The high court intervened on July 26, taking suo motu cognizance of the bail order and staying it due to the numerous criminal cases registered against Mhatre over the years. The court directed the transfer of the investigation to a deputy police commissioner-rank officer and the provision of security for the victims and witnesses.