Bombay High Court grants pre-arrest bail to policeman who assaulted COVID duty staff; accepts undertaking to donate Rs 25k to Relief Fund

The Bombay High Court recently granted protection from arrest to one, Shankar Jadhav, a constable with the State Reserve Police Force in connectio with a case for assaulting medical staff in a COVID-19 hospital after his mother died during treatment (Shankar Jadhav v. UOI)..Justice Bharati Dangre accepted Jadhav’s undertaking to deposit Rs. 25,000 with the Chief Minister’s relief fund meant for assisting patients suffering from COVID-19 as a means of repenting for his acts..Having recorded the voluntary statement, the Court granted Jadhav protection from arrest upon furnishing an additional bail bond of Rs. 25,000, while also reasoning that the custodial interrogation was not necessary in this case.."In light of the said statement and in particular, when the plain reading of the FIR attributes an irresponsible behaviour by the applicant towards the medical professionals, who are acting as warriors and fighting the battle with all their might and strength and since no custodial interrogation is warranted in the given facts and circumstances, the applicant is entitled for the relief", the Court held..The FIR against Jadhav was filed by the Medical Superintendent of General Hospital, Indapur which is a COVID-19 treatment hospital. .Jadhav’s acts attracted the provisions of the Penal Code, which included ‘causing hurt to deter public servant from discharge of his duty’ and ‘use of assault or criminal force other than on grave provocation.’.Jadhav’s mother who was undergoing treatment for COVID-19 was on a ventilator when she succumbed to her critical condition. .Appalled by her death, Jadhav allegedly created a ruckus in the hospital and physically hurt the medical staff of the hospital including doctors and nurses..Advocates Tushar Sonawane and Prashant Hagare, appearing for Jadhav, conveyed that Jadhav is repenting and remorseful for his behaviour, especially because he is a responsible public servant himself..The Court further recorded Jadhav's voluntary statement that “donating money was the only way by which Jadhav can be absolved of his behaviour to a certain extent though not completely exonerated for his action.” The Court proceeded to accept the same and grant Jadhav anticipatory bail. .The Court has further directed Jadhav to deposit the donation in the CM relief fund within 4 weeks and tender the receipt to the concerned police station..[Read order here]