Mumbai court grants bail to 70-year-old solicitor in public servant assault case

A Mumbai court on Monday granted bail to a 70-year-old solicitor advocate in a case in which he was accused of obstructing and causing hurt to an officer of the Brihanmumbai Municipal Corporation (BMC). [Ashwini Kumar Shah v. State of Maharashtra].The solicitor, Ashwini Kumar Shah, who has over 30 years of experience as a Bombay High Court lawyer, was arrested on March 24 and has been in custody since then.He was charged under Sections 332 and 353 of the Indian Penal Code for voluntarily causing hurt and obstructing the duty of the BMC officer.Additional Sessions Judge MA Bhosale directed that Kumar be released on bail upon furnishing bail bond of ₹25,000. .On March 23, 2022, certain BMC officers had come to the premises owned by a company owned by Kumar's wife for attaching properties in order to auction the same towards non-payment of property tax under the Mumbai Municipal Corporation (MMC) Act. The officers claimed that the company had dues worth ₹43,76,467. The BMC officials allegedly attached car belonging to one of Kumar's colleges who he said had nothing to do with the company.Kumar was arrested on the intervening night between March 23 and 24, 2022. He was remanded to judicial custody by the Metropolitan Magistrate at Ballard Pier, Mumbai on March 24, 2022, after which he moved for bail. .Advocate Aniket Nikam appearing for Kumar, argued that despite showing all legitimate documents to the BMC officers, they mocked him before his fellow colleagues.Nikam argued that it was the BMC officers who assaulted Kumar and not the other way round. He submitted that there is no recover which needs to be effected from Kumar and hence there is no justification to keep him behind the bars..The prosecution opposed the bail plea stating that granting bail to Kumar would set a wrong precedent. They stated that leniency could not be granted to Kumar only because he is a senior citizen. The argued that if Kumar is granted bail, he might tamper with evidence or witnesses.The Court after hearing both parties, proceeded to allow the bail plea.