MUMBAI: A sessions court recently set aside chapter proceedings initiated by an assistant commissioner of police against noted celebrity cosmetic surgeon Dr Viral Desai who was termed as ‘desperate and dangerous’ to society.
Dr Desai was booked for allegedly raping a television actress in 2019. He also had a molestation case registered against him in 2017.
The sessions judge Dr SD Tawshikar while setting aside the order of the Special Executive Magistrate (SEM – the assistant commissioner of police for the region), said, “The appellant is a medical practitioner and renders medical services. Two cases would not be sufficient to conclude that he is ‘desperate and dangerous’ or would be hazardous to the community at all if set free without execution of a bond.”
The court added the SEM over-emphasised the pendency of the two cases against the appellant. “It is needless to say that the appellant (Desai) would face consequences of the offence if he is found guilty. I find no material suited to brand the appellant as “desperate and dangerous,” the court said.
The assistant commissioner of police, who acts as SEM, had issued an order on November 30, 2022, asking Dr Desai to furnish a bond of good behaviour in the amount of ₹1 lakh for the period of one year and also submit one surety in the same amount.
The officer in its order said, Desai was so desperate and dangerous as to render his being at large without security hazardous to the community. The officer referred to two cases registered against him.
Desai challenged the proceedings before the sessions court. His lawyer Ayush Pasbola contended that the cases registered against were false. “The molestation case registered against him in 2017 as the complainant was not satisfied with the treatment and therefore, she had filed said complaint to pressurise the appellant to get back the fees,” Pasbola had submitted.
Besides, in 2019, an actress filed a rape case against him, but he claimed it was a consensual relationship. Desai was also granted anticipatory bail in the case.
“The appellant is a plastic surgeon by profession. He is a partner in Desai Hospital Venture LLP and has earned goodwill in society. Owing to alleged two aforesaid two cases against the appellant, he cannot be branded as desperate and dangerous,” Pasbola argued.
The prosecution objected to the plea and argued that “the pattern of offences committed by the appellant would show that he is so desperate and dangerous for the security of women. The appellant being a medical practitioner, a number of patients including women do approach him. Therefore, it is likely that committing similar offences cannot be ruled out.”
The court after hearing both sides observed that the pendency of a particular number of cases against a person is not a determining factor to brand him or her as ‘desperate and dangerous.’
Besides, the court said, the first incident was in 2017 and the second was in 2019. “Since 2019 no new case has been registered against the accused so as to say that he has a tendency to commit particular kinds of offences,” the court added.