Observing that Dr Bhakti Mehare and Dr Ankita Khandelwal, accused in suicide and caste-based harassment case of Dr Payal Tadvi in 2019, did not have permanent residences in Mumbai, the Bombay High Court has permitted them to stay in their respective native places on completion of their post-graduation from Nair Hospital this month.
Justice SK Shinde modified their bail condition on Tuesday and permitted them to go to their native place on giving an undertaking before the trial court that they shall remain present at the time of trial. They have been directed to furnish their address and contact details.
The duo had moved the HC seeking modification of their bail condition by which they were not to leave Mumbai, and report to the office of Crime Branch, Nagpada every alternative day till framing of charge.
They are pursuing their post-graduation in the field of Obstetrics and Gynaecology from Nair Hospital and are residing in the hospital’s hostel. They hail from Amravati.
They were arrested for their complicity in the suicide of Tadvi, who was also a junior doctor in the department in Nair Hospital. They have been booked for suicide, conspiracy under the Indian Penal Code and relevant sections of the Maharashtra Prohibition of Ragging Act, 1999 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Counsels for the petitioners, Sarthak Shetty and Sudeep Pasbola, argued that the trial in the case is not likely to conclude in the near future, it may not be possible for them to continue to stay in Mumbai.
Special public prosecutor Pradeep Gharat and prosecutor MR Tidke opposed the plea stating that if they were allowed to leave Mumbai then there was the possibility of delay in the trial. Besides, all the witnesses in the case are resident doctors and if the trial is not concluded within a reasonable time, these witnesses may leave the hospital and in that event, it may not be possible to secure their presence for trial.
However, the HC modified the bail condition saying that they do not have a permanent place to reside in Mumbai, the applicants are doctors and also the trial has not commenced. “Indisputably, after their post-graduation course gets over, Applicants have to vacate the hostel premises,” said the HC.
