The Bombay High Court today granted bail to doctors Hema Ahuja, Bhakti Mehere and Ankita Khandelwal, the three accused in the Dr Payal Tadvi suicide case. .The three doctors from BYL Nair Hospital have been accused of abetting Dr Tadvi’s suicide, apart from ragging and caste discrimination..The High Court today allowed the release of the three accused on bail with strict conditions to report to the concerned authorities every alternate day until the framing of charges. The accused have also been directed not to leave the city. Further, bail has been granted on the furnishing of a PR bond of Rs 2 lakhs each..The three doctors have been released on provisional cash bail for a period of eight weeks, within which they have to furnish the surety before the sessions court..Other conditions imposed as part of the grant of bail include a bar on the accused from entering the jurisdiction of the BYL Nair Hospital and the Topiwala Medical college..Moreover, the medical licenses of the three accused doctors have also been suspended until the conclusion of the trial..While passing today’s order, Justice SS Jadhav also had occasion to remark,.“Let them (bail applicants) remain in public domain with this stigma and this order.“.The Court passed the order granting bail after Special Public Prosecutor Raja Thakare, appearing for the Mumbai Police, told the Court that the crime branch does not have any objection to granting the conditional bail since the accused were women and since the chargesheet has been filed after investigation. SPP Thakare had, however, opposed the bail plea on Tuesday..After a special court rejected their bail applications last month, the three accused doctors had moved to Bombay High Court seeking bail. The special court had rejected their bail applications, stating that there was a likelihood of the accused doctors trying to abscond or tamper with the evidence..While dealing with the bail applications, Justice DS Naidu had earlier directed that arrangements be made so that the hearing may be video-recorded. Appearing for Dr Tadvi’s mother, advocate Gunratna Sadavarte had made the plea for recording the hearing. The trial court had also ordered that the bail proceedings before it be recorded on video. However, it could not take place owing to lack of facilities..While the bail proceedings before the High Court were recorded today, Justice Jadhav has referred the question of whether the bail proceedings should be video recorded at all to a larger Bench. The issue pertains to whether ‘bail proceedings’ would fall under the ambit of ‘proceedings’ under Section 15A (10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2015. The Section provides that “all proceedings” relating to offences under this Act shall be video recorded..The Court made the reference on observing that it is yet to be determined whether the ‘proceedings’ mentioned in Section 15A (10) of the amended SC/ST Act is the same as ‘judicial proceedings’ under Section 2(i) of the Criminal Procedure Code, which includes the process of taking evidence and bringing an accused to court, which need not be the case in a bail hearing..The High Court today also queried why the Crime Branch did not take any disciplinary action against Dr. Yi Ching Ling, the head of the Obstetrics and Gynaecology department at BYL Nair Hospital. The Court observed that custodians in college should be made accountable..“How many people from remote area would want their wards to come and study in such colleges?,” Justice Jadhav remarked..SPP Thakare on Tuesday, had submitted that the Investigation Officer (IO) in the case is of the prima facie opinion that the suspended Dr. Ling would be liable for disciplinary action as she did not consider complaints made by Dr. Tadvi’s mother, husband, and her colleagues, since there was no written complaint under Section 6 of the Maharashtra Prohibition of Ragging Act, 1999. Section 7 of the 1999 Act, if the head of an educational institution fails or neglects to take action when a complaint of ragging is made, such person shall be deemed to have abetted the offence of ragging..Thakare had further informed that a recommendation letter for the departmental enquiry of Dr. Ching Ling has been prepared by the Investigating Officer. However, he submitted that the same is yet to be submitted to the Municipal Commissioner..Advocate Aabad Ponda appeared for the accused..Dr Payal Tadvi, postgraduate student at the TN Topiwala National Medical College, Mumbai had committed suicide by hanging herself in a hostel room on May 22. Her family had accused three of her seniors of harassment and caste discrimination..The chargesheet filed by crime branch includes suicide note recovered from Dr. Payal Tadvi’s mobile. Police claimed that Tadvi, in her note, blamed three accused doctors for harassment and said that they will be responsible for her death..“I have made this decision after trying everything out. I found out no one is there to stand for us, support us in this department. Infact it is all our fault, or we are at fault has been concluded“, Tadvi is said to have written..The three doctors have been booked under Sections 34 and 306 of the Indian Penal code (IPC), Section 67 of Information Technology (IT) Act, Section 3 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and the Maharashtra Prohibition of Ragging Act.
The Bombay High Court today granted bail to doctors Hema Ahuja, Bhakti Mehere and Ankita Khandelwal, the three accused in the Dr Payal Tadvi suicide case. .The three doctors from BYL Nair Hospital have been accused of abetting Dr Tadvi’s suicide, apart from ragging and caste discrimination..The High Court today allowed the release of the three accused on bail with strict conditions to report to the concerned authorities every alternate day until the framing of charges. The accused have also been directed not to leave the city. Further, bail has been granted on the furnishing of a PR bond of Rs 2 lakhs each..The three doctors have been released on provisional cash bail for a period of eight weeks, within which they have to furnish the surety before the sessions court..Other conditions imposed as part of the grant of bail include a bar on the accused from entering the jurisdiction of the BYL Nair Hospital and the Topiwala Medical college..Moreover, the medical licenses of the three accused doctors have also been suspended until the conclusion of the trial..While passing today’s order, Justice SS Jadhav also had occasion to remark,.“Let them (bail applicants) remain in public domain with this stigma and this order.“.The Court passed the order granting bail after Special Public Prosecutor Raja Thakare, appearing for the Mumbai Police, told the Court that the crime branch does not have any objection to granting the conditional bail since the accused were women and since the chargesheet has been filed after investigation. SPP Thakare had, however, opposed the bail plea on Tuesday..After a special court rejected their bail applications last month, the three accused doctors had moved to Bombay High Court seeking bail. The special court had rejected their bail applications, stating that there was a likelihood of the accused doctors trying to abscond or tamper with the evidence..While dealing with the bail applications, Justice DS Naidu had earlier directed that arrangements be made so that the hearing may be video-recorded. Appearing for Dr Tadvi’s mother, advocate Gunratna Sadavarte had made the plea for recording the hearing. The trial court had also ordered that the bail proceedings before it be recorded on video. However, it could not take place owing to lack of facilities..While the bail proceedings before the High Court were recorded today, Justice Jadhav has referred the question of whether the bail proceedings should be video recorded at all to a larger Bench. The issue pertains to whether ‘bail proceedings’ would fall under the ambit of ‘proceedings’ under Section 15A (10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2015. The Section provides that “all proceedings” relating to offences under this Act shall be video recorded..The Court made the reference on observing that it is yet to be determined whether the ‘proceedings’ mentioned in Section 15A (10) of the amended SC/ST Act is the same as ‘judicial proceedings’ under Section 2(i) of the Criminal Procedure Code, which includes the process of taking evidence and bringing an accused to court, which need not be the case in a bail hearing..The High Court today also queried why the Crime Branch did not take any disciplinary action against Dr. Yi Ching Ling, the head of the Obstetrics and Gynaecology department at BYL Nair Hospital. The Court observed that custodians in college should be made accountable..“How many people from remote area would want their wards to come and study in such colleges?,” Justice Jadhav remarked..SPP Thakare on Tuesday, had submitted that the Investigation Officer (IO) in the case is of the prima facie opinion that the suspended Dr. Ling would be liable for disciplinary action as she did not consider complaints made by Dr. Tadvi’s mother, husband, and her colleagues, since there was no written complaint under Section 6 of the Maharashtra Prohibition of Ragging Act, 1999. Section 7 of the 1999 Act, if the head of an educational institution fails or neglects to take action when a complaint of ragging is made, such person shall be deemed to have abetted the offence of ragging..Thakare had further informed that a recommendation letter for the departmental enquiry of Dr. Ching Ling has been prepared by the Investigating Officer. However, he submitted that the same is yet to be submitted to the Municipal Commissioner..Advocate Aabad Ponda appeared for the accused..Dr Payal Tadvi, postgraduate student at the TN Topiwala National Medical College, Mumbai had committed suicide by hanging herself in a hostel room on May 22. Her family had accused three of her seniors of harassment and caste discrimination..The chargesheet filed by crime branch includes suicide note recovered from Dr. Payal Tadvi’s mobile. Police claimed that Tadvi, in her note, blamed three accused doctors for harassment and said that they will be responsible for her death..“I have made this decision after trying everything out. I found out no one is there to stand for us, support us in this department. Infact it is all our fault, or we are at fault has been concluded“, Tadvi is said to have written..The three doctors have been booked under Sections 34 and 306 of the Indian Penal code (IPC), Section 67 of Information Technology (IT) Act, Section 3 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and the Maharashtra Prohibition of Ragging Act.
