Supreme Court seeks Maharashtra's reply on bail plea of ex-Nagpur medical officer Dr Pawankumar Uike

The Supreme Court has issued notice to the Maharashtra government on the bail plea of Dr Pawankumar Uike, former chief medical officer (CMO) of Nagpur district. The High Court had rejected his plea for regular bail in a criminal case the police registered after linking the government doctor with Naxalites. Challenging that order, Uike filed a special leave petition (SLP) in the Supreme Court.

The SLP came up for hearing before a bench of Justice Dipankar Datta and Justice Sheel Nagu, which directed the state government to file its reply. Advocates Manan Daga and Rajendra Daga appeared for the petitioner doctor, and Advocate Dharmadhikari appeared for the state.

According to the prosecution, on the night of July 28, 2022, the Naxalites were observing their "Martyrs' Week" in Gadchiroli district, and a police party of the SRPF and CRPF was on patrol. Dr Pawankumar Uike, ambulance driver Prafull Bhat and trader Anil Bhat were apprehended in the Kamalapur area.

The police claim that banners and propaganda pamphlets of the banned organisation CPI (Maoist) were found in a bag in their possession. A case was registered and the three were arrested the same day, July 28, 2022.

The chargesheet filed after investigation levels charges against the accused under various sections. The police claim that a laptop, mobile phone, memory card, printer and Naxalite material were seized from Dr Pawankumar during the investigation.

The police allege that the accused ordered walkie-talkies, GPS devices, electronic goods, medicines and other material from the e-commerce platforms Amazon and Flipkart and delivered them to Naxalite commanders of the Aheri dalam. They also allege that he treated them.

Advocate Manan Daga, appearing for the petitioner, said the accused has been in custody for more than four years and that 39 witnesses are still to be examined in the trial, so it is unlikely to end soon.

The petition argues that, in UAPA cases, the accused is entitled to bail under earlier Supreme Court rulings on the grounds of excessive delay in the trial and prolonged incarceration.

The High Court has already granted bail to the two other co-accused in the case, Prafull Bhat and Anil Bhat. The defence also argued that Uike was only discharging his duty as a government medical officer and treating patients, and that he had no criminal intent.