Bombay HC grants bail to Shiv Sena Corporator, 3 others in Dombivli doctors' assault case
Bombay High Court
Mumbai: In the latest development, the Bombay High Court on Friday granted bail to the Shiv Sena corporator and three others accused of assaulting doctors, including a woman doctor, at a municipal hospital in Dombivli, while directing all four to remain outside Maharashtra until the criminal trial begins.
A bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad imposed the condition after senior counsel Aabad Ponda, appearing for the corporator, submitted that the 73-year-old corporator had “learnt a lesson” and was willing to stay in any other state until the chargesheet was filed.
Also Read:Dombivli Doctor Assault Case: HC extends stay on Shiv Sena Corporator's bail
The court also fast-tracked the proceedings and laid down strict timelines for the investigation and trial, meaning the accused are likely to remain outside Maharashtra for a little over three weeks.
While dictating the order in open court, Acting Chief Justice Ghuge observed that an elected representative is “by the people and for the people” and said an alleged assault on voters by their elected representative was capable of affecting the fabric of democracy, reports The Daily.
The accused corporator was arrested 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 undergoing treatment in hospital. Although he was subsequently released, the High Court took suo motu cognisance of the incident on July 18, stayed the bail granted to all four accused and directed the corporator to surrender. He surrendered on July 19.
The four accused were subsequently lodged in Kalyan jail.
During Friday's hearing, the accused told the court that they would stay in Goa as a condition of bail. The corporator furnished the address of a resort in North Goa, while the other three accused, represented by advocate Sana Raees Khan, said they would stay at a nearby guest house.
The High Court had earlier expressed serious concern over the alleged assault, observing that a woman doctor and two male doctors had been physically assaulted while on duty at the labour ward of Shastri Nagar Hospital. The court had noted that the incident had triggered widespread public concern over attacks on doctors.
The court had also observed that the matter was particularly serious because a woman doctor was allegedly assaulted and had reportedly resigned following the incident.
Medical Dialogues had previously reported that in connection with the July 6 Dombivli hospital assault case, the Bombay High Court on Friday extended the stay on the bail granted to a Shiv Sena corporator in the incident. The court also urged the Kalyan-Dombivli Municipal Corporation (KDMC) not to accept the resignation of the woman doctor who was allegedly attacked.
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, reports TOI.
Public Prosecutor Shishir Hirey, appearing through video conference, and Additional Public Prosecutor K.V. Saste informed the court that the chargesheet would be filed shortly. However, statements of three witnesses were still required to be recorded before a magistrate.
To expedite the case, the High Court directed that the voice and video samples of the accused be sent to the state forensic laboratory within three working days.
The forensic report has been directed to be submitted within around 10 days, following which the chargesheet must be filed within the next five days.
The court also directed the state government to appoint an experienced lawyer as Special Public Prosecutor (SPP), describing the case as “very important”. It further directed that the SPP should not be replaced midway through the trial.
The High Court ordered that charges be framed within seven days of the filing of the chargesheet, after which the trial will commence.
As per TOI, 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.
While granting bail, the High Court imposed several conditions on the accused. They have been directed not to tamper with the investigation or influence witnesses and not to leave India without prior permission of the court.
The corporator has also been ordered to surrender his passport, while the other three accused informed the court that they do not possess passports.
The accused have further been directed not to commit any similar offence or attempt to prolong or delay the proceedings.
The court also made it clear that neither the defence nor the prosecution should seek unnecessary or frivolous adjournments, underscoring its intention to ensure an expeditious conclusion to the case.
