Mumbai, May 24, 2022 – Mohit Madan Garud has been granted bail by the Sessions Court in Mumbai in connection with an alleged assault on a Junior Engineer of the Brihanmumbai Municipal Corporation (BMC). Garud was arrested in connection with Crime No. 386/2022, registered at Tilak Nagar Police Station, for offenses under Sections 353 (assault or criminal force to deter public servant from discharge of his duty), 332 (voluntarily causing hurt to deter public servant from his duty), and 504 (intentional insult with intent to provoke breach of the peace) of the Indian Penal Code¹ (IPC).

The Allegations

The First Information Report (FIR) alleges that Garud assaulted and abused a BMC Junior Engineer.

Garud’s Defense and Arguments

Mr. Aslam Shaikh, representing Garud, argued that his client was innocent and had been falsely implicated. He denied that Garud had abused the BMC Junior Engineer. He also highlighted that Garud had suffered a heart attack while in judicial custody and expressed his client’s willingness to abide by any conditions imposed by the court.

Prosecution’s Objections

Mr. Ramesh Siroya, the Additional Public Prosecutor (APP), acknowledged that Garud had suffered a heart attack in custody. However, he opposed the bail application, arguing that Garud would abscond if released.

Court’s Observations and Decision

Additional Sessions Judge G.B. Gurao considered the submissions and the documents on record. The court noted that while Garud was accused of assaulting and abusing the BMC Junior Engineer, there was no recovery or discovery at his instance. The court also observed that Garud’s custodial interrogation was not necessary, and he was a permanent resident of the given address.

“However, there is no recovery or discovery at the instance of accused. His custodial interrogation is not necessary. He is permanent resident of given address. Further, he had suffered heart­attack in jail. Considering the facts and circumstance of the case, I find that the accused is entitled for bail,” Judge Gurao stated in the order.

The court, considering Garud’s health condition and the lack of necessity for further custodial interrogation, decided to grant bail.

Bail Conditions

Garud was granted bail on a personal bond of Rs. 15,000 with one or more sureties of the same amount. The court imposed the following conditions:

• Garud must attend all court hearings regularly unless exempted by the court.
• Provisional cash bail of Rs. 15,000 is allowed for four weeks.
• The bail process will be completed before the Magistrate Court.

Key Points

• Health Concerns: The court considered Garud’s heart attack in custody as a significant factor.
• No Recovery: The court noted that there was no recovery or discovery at Garud’s instance.
• Custodial Interrogation: The court observed that Garud’s custodial interrogation was not necessary.
• Permanent Resident: Garud’s status as a permanent resident of the given address was considered.
• Assault on Public Servant: The case involved allegations of assault and abuse against a public servant (BMC Junior Engineer).