FPJ Legal | Doctor cannot be assaulted, if one loses life due to illness: Mumbai Court
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Mumbai: A sessions court while granting bail on Monday to a man who had assaulted a doctor at Sion hospital last month following the death of his father, remarked, that if one’s life is lost in hospital due to some disease, the doctor cannot be assaulted.

It termed in its order the conduct wherein the man and his brother had caught the collar of the doctor and manhandled him, as sheerly and highly objectionable. Additional Sessions Judge BV Wagh added that they cannot intrude in the hospital’s administration and that there is a legal way to vindicate any grievance about any negligent act.

While deciding to grant bail to applicant Roshan Gupta, the court considered that the offence was committed in CCTV surveillance area and that the probe is under progress. Further it noted Gupta did not have any criminal antecedents. It also considered that he had recently lost his father while granting the relief.

The assisting doctor Dr. Rahul Dhadase who was assaulted had lodged a complaint a day after the incident had taken place on 25 June. The Saki Naka resident was arrested the following day. Gupta’s 66-year-old father had been admitted due to kidney disease. Gupta and his brother alleged negligence in treatment of their father and assaulted the doctor. He was booked under Sec 353 (assault or criminal force on public servant), 332 (voluntarily causing hurt to public servant) among other sections of the IPC and under the Maharashtra Medicare Service Persons and Medicare Service Institutions Act.

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