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70-Year- Old Solicitor Granted Bail by Mumbai Court in Public Servant Assault Case; Counsel argues that the attack was other way round

By Shilpa Mathew      Mar 29, 2022      0 Comments      1,292 Views

A Solicitor, named Ashwini Kumar Shah, holding an experience of over 30 years as a Bombay High Court lawyer, was arrested on 24th March and had been in custody. On 28th March’ 2022, the 70-year-old Solicitor Advocate was granted bail by the Mumbai Court. The advocate was accused of causing hurt as well as obstructing an officer of the Brihanmumbai Municipal Corporation.  He was thus charged under Sections 332 and 353 of the Indian Penal Code, 1860, for voluntarily causing hurt and obstructing the duty of the BMC officer.

The Additional Sessions Judge MA Bhosale directed that Kumar be released on bail upon furnishing bail bond of ₹25,000. 

Some officers of the BMC had come to the premises owned by Kumar's wife, for attaching properties towards the ‘non-payment of property tax’ under the Mumbai Municipal Corporation Act 1888, on 23rd March 2022.

Ashwini Kumar Shah was arrested on the intervening night between the 23rd March and 24th March, 2022. Kumar was remanded to judicial custody by the Metropolitan Magistrate at Ballard Pier, Mumbai on 24th March 2022, after which he moved for bail.

The Counsel for Kumar, Aniket Nikam, had argued that despite showing all legitimate documents to the BMC officers, they mocked him before his fellow colleagues. 

Advocate Nikam also argued that the officers of BMC assaulted Kumar and it was not the other way round. It was also submitted that no recovery is to be made from Kumar and therefore there is no good reason to keep him behind the bars.

The Bail plea was opposed by the prosecution and also stated that granting bail to Kumar would set a highly wrong example and that leniency could not be granted to Kumar only because he is a senior citizen. They also argued that if Kumar is granted bail, he might tamper with the evidence or witnesses. After hearing both parties the Court proceeded to allow the bail plea.

Case title: Ashwini Kumar Shah Vs State of Maharashtra.



Tags:
Ashwini KumarBombay High CourtBrihanmumbai Municipal Corporation Sections 332 Indian Penal Code 1860 Sections 353 Additional Sessions Judge MA BhosaleMumbai Municipal Corporation Act 1888
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