Bombay High Court grants pre-arrest bail to patient’s kin who ‘assaulted’ KEM nurse

Mumbai: Bombay high court recently granted pre-arrest bail to three relatives of a deceased patient who allegedly physically assaulted a nurse and three security personnel on April 28 at the BMC-run KEM Hospital in Parel.“The personal liberty of these applicants needs to be protected by granting them bail,” said Justice Prafulla Khubalkar on July 6. He passed the order having regard to allegations against them, the absence of criminal antecedents and that the incident occurred “in the heat of passion”. Moreover, other accused persons were granted pre-arrest bail.Baliram Sawant, Manik Sawant and Babasaheb Jadhav were booked by Bhoiwada police station under BNS including for assault or criminal force to deter public servant from discharge of his duty and for violence under Maharashtra Medicare Service Persons Act.

The complaint was lodged by the nurse Tejaswini Patil who sustained injuries after being allegedly attacked with fists and blows. On May 22, the sessions court rejected the trio’s plea.Their advocate said the incident occurred when they were angry. There was no premeditation and no use of any weapon. He pointed out that HC on June 16 granted bail to two other accused in the same case and sought parity with them. Justice Khubalkar directed that in the event of arrest they shall be released on bail on furnishing personal bond of Rs 25,000 each with solvent surety in the like amount. He imposed conditions including to not influence witnesses and to attend the police station every Monday till filing of chargesheet.