The complainant ( Dr. Sujit Adsul) complained that on 10th September 2020, Dr. Rahul Jadhav telephoned him and informed about the patient who was infected with corona died, and his family members were creating ruckus in front of the hospital.
The accused also barged into the consulting room of Dr. Rahul Jadhav and assaulted him, and even abused the hospital staff. A C.R was filed as a result of this. The applicant/ accused apprehended his arrest in the said C.R and approached the Court. The applicant argued that he overreacted due to the sorrow, but now he bewails. The Court observed - no one should forget that in the times of turbulent due to covid pandemic, it is the doctors and nursing staff who have acted as corona warriors and had been saviours of the infected persons.
The sorrow and grief of the family members of a patient can be well understood. The complainant Doctor was also triggered at his patient's sudden death, and he too was under tremendous mental stress along with the health care staff. The ruckus and assault made them more depressed.
The Court observed-
" The incident is really unfortunate when the medical fraternity itself was subjected to an attack, verbal and physical at the instance of the applicant, though it can be very well understood that he lost his temper on account of the sudden demise of his near relative, at the same time, it can be very well discerned that the applicant had no intention and since he is remorseful of his actions and perceives that he ought to have behaved in a responsible manner as his over anxiety did not yield any results."
The Court further said- " But he must be made accountable for his irresponsible act and particularly towards the health workers who are fighting the battle of Pandemic on the forefront."
In this event, the applicant- Shivaji Jadhav, with FIR No. 0463 of 2020, shall be released on bail on furnishing P.R. bond to the extent of Rs. 25,000 with one or two sureties of the like amount. He shall deposit an amount of Rs. One Lakh in the C.M. Relief Fund either in cash or by way of the cheque within two weeks of his release and produce a receipt to the Investigating Officer. Failure will amount to denude him of the protection from his arrest.