TNN | Jan 25, 2012
The Bombay High Court on Tuesday granted bail to five persons who had allegedly beaten up a doctor and ransacked Wockhardt Hospital in Nashik after one of their relatives turned critical. The high court said merely because the injured was a doctor or a medical officer, the accused cannot be treated differently.
Justice J H Bhatia was hearing application by the hospital for cancellation of bail granted by the sessions court to Babanrao Tile and four others. Tile’s wife Pushpa was referred by an ESIC hospital in Nashik to Wockhardt for balloon mitral valvuloplasty (BMV) procedure. Dr Sunil Sonawane had taken consent from the relatives and also informed them of the high risk in performing the procedure.
However, during the procedure she did not respond and she was shifted to the intensive care unit. When the doctor called Tile to discuss further treatment and course of action, they allegedly assaulted him and dragged him into a car. The police stopped them and took them to the police station. Pushpa subsequently died.
Wockhard’s lawyer Subodh Desai urged that their bail be cancelled pointing out that the acts of Tile and others were intended to cause death of the doctor and therefore, an offence of Section 307 (attempt to murder) was registered.
But Justice Bhatia said after perusal of medical records and the footage from closed circuit television camera, it was impossible to come to a conclusion that they attempted to murder Sonawane. He said it was a “simple assault” by persons who were agitated and annoyed with the doctor and “gave him blows and another or two with the chair”.
Justice Bhatia said fracture of the nasal bone could not be life threatening by any stretch of imagination and could fall within sections 323 (simple hurt) and 325 (punishment for voluntarily causing grievous), which are bailable. Justice Bhatia said while it is true that the act of patient’s relative is absolutely improper in assaulting the doctor,but
the accused cannot be treated differently than other accused in similar circumstances. Just because the injured doctor was from a big hospital like Wockhardt, this court cannot interfere, the judge added.
Courtesy: The Times of India
Link – http://timesofindia.indiatimes.com/city/nashik/HC-grants-bail-to-five-who-beat-up-Nashik-doctor/articleshow/11623185.cms