The Bombay High Court, constituted by Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, took suo motu cognisance of an order passed by a Magistrate court in Kalyan that had granted bail to Ramesh Mhatre, the sitting corporator from Shiv Sena (Eknath Shinde), and four other persons charged with assaulting three doctors at a civic‑run hospital.
The Division Bench observed that the magistrate’s order did not address the antecedents of the accused and failed to impose any condition that would enable the investigating agency to monitor the presence of Mhatre during the investigation. Acting Chief Justice Ghuge recorded that, in a case where the accused led four additional persons and attacked three doctors in a corporation hospital, showing fury against the medical professionals and severely beating them, the magistrate had taken the matter lightly.
The Bench noted that the police had expressed a desire to interrogate Mhatre but found, from the operative part of the magistrate’s order, that no direction had been given for him to report to the police station on specific dates or days of the week, nor any requirement to cooperate with the probe. The court stated that the absence of any condition for monitoring his presence rendered the bail order inadequate.
Consequently, the High Court cancelled the bail granted to Mhatre and his four associates. It directed Mhatre to surrender to the Dombivli police station prior to 5 p.m. on 19 July. The Bench warned that, in the event of non‑surrender or inaccessibility, the authorities would be at liberty to follow the due procedure for initiating steps to attach his immovable properties.
While disposing of the suo motu matter, the judges appealed to the medical community. Acting Chief Justice Ghuge said, “We would appeal all the doctors in government and civic hospitals to reconsider their decision of commencing the strike on 22 July in the larger interest of the society and considering their service to mankind.” The appeal was made in view of the announced strike by doctors across Maharashtra, which was to commence after the magistrate’s bail order.
The suo motu proceeding will now be heard on Tuesday, 21 July. Advocate Niranjan Mundargi appeared as amicus curiae. The State was represented by Advocate General Milind Sathe, assisted by Chief Public Prosecutor Shishir Hiray.
The High Court’s intervention underscores the judicial scrutiny exercised when bail orders are perceived to neglect considerations of antecedents, the nature of the offence, and the necessity of imposing conditions that facilitate investigation. By cancelling the bail and directing surrender, the Bench sought to ensure that the investigating agency could effectively discharge its duties while also attempting to mitigate the impact on essential medical services through its appeal to the medical fraternity.