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Synopsis

The Bombay High Court has ordered legal action to be taken against a doctor for negligence during a post-mortem examination.

The single-judge bench of Justice PK Chavan was hearing a bail application filed by a man who, along with another person, was accused in the death of Mayur Bhoir.

The Sessions Court had granted bail to the other three accused but refused bail to the present applicant, Jaywant Bhoir, twice.

The legal action was ordered by the high court after a committee, constituted by the high court in August 2023 to examine the post-mortem report, submitted its findings.

The committee's report highlighted that Dr Phad conducted the post-mortem in a government hospital but issued the report under his private letterhead.

The bench also found that the form filled out by Phad was not properly filed, and he also failed to forward the sample of the deceased's brain.

 Additionally, the bench noted contradictions in the findings of the report and therefore directed the police to take appropriate action.

“The Secretary, Health, Government of Maharashtra as well as Commissioner of Police Thane are directed to take cognizance of the said report as well as the order passed by this Court and initiate an appropriate legal action against the doctor and the concerned for such a gross negligence and illegality in conducting a postmortem of the deceased,” the order states.

The present applicant filed a bail application before the high court, after which the bench called for the Forensic and post-mortem reports within 8 weeks.

After the reports were submitted, the applicant argued that Dr. Phad did not mention the cause of death in his report.

Therefore, the high court formed a committee to determine the cause of death. Based on the committee's report, the high court ordered legal action against Dr. Phad.

Case title: Jaywant Bhoir vs State of Maharashtra