The Bombay High Court has granted bail to businessman Sujit Patkar in the COVID-19 jumbo centre scam, noting that his continued detention is unnecessary as the investigation is complete and "bail is the rule and jail is the exception." He was ordered to provide a Rs 1 lakh bond
File pic.
The Bombay High Court, on Wednesday, granted bail to businessman Sujit Patkar, an alleged associate of Shiv Sena (UBT) MP Sanjay Raut, in the Covid-19 jumbo centre scam. The court noted that, despite prima facie complicity, extended imprisonment was not necessary as the investigation is complete, reported news agency PTI.
A bench led by Justice Amit Borkar emphasised that factors including the time an accused has spent in jail and the delay in the commencement of the trial should be evaluated in light of the "overarching principle that bail is the rule and jail is the exception".
The court ordered Patkar to provide a personal bond of Rs 1 lakh and imposed a few other conditions for his bail.
"If the allegations as they stand are taken at face value, (they) prima facie indicate complicity of Patkar in the generation of proceeds of the crime; however, continued incarceration is not warranted, especially when the investigation is complete," Justice Borkar stated in the order.
Patkar was arrested in July 2023 by the Enforcement Directorate (ED) on allegations that he and other accused defrauded the Brihanmumbai Municipal Corporation (BMC). This was allegedly achieved through the under-deployment of doctors and staff after securing a contract to run a Covid jumbo centre, reported PTI.
He had appealed to the High Court for relief after a special court rejected his bail plea last November. That special court had observed that the accused and his partners entered into a criminal conspiracy and "played with the lives of people during the pandemic instead of saving people."
According to PTI, the High Court bench considered the time Patkar had spent in jail since his arrest, the delay in the commencement of the trial, and the principle of parity with co-accused Hemant Gupta, who was responsible for the routine management of the Covid centre and was never arrested.
"The applicant has been in custody since July 2023 and the trial is not showing signs of commencing in the near future. These factors must be evaluated in light of the overarching principle that bail is the rule and jail is the exception, especially when there is no likelihood of the accused tampering with evidence or absconding. In view of the aforesaid circumstances, this court is of the opinion that the applicant is entitled to be released on bail," the bench said.
Furthermore, the High Court stated that mere allegations in statements from co-accused cannot be the sole basis for continued pre-trial detention, unless such statements are supported by independent evidence, PTI reported.
"While the ED claims Patkar played an active role in dealing with the proceeds of crime, it cannot be overlooked that the entire offence emerges from a common business arrangement, wherein the decision-making was collective and the benefit accrued to all partners," it stated.
Moreover, the bench stated that whether the applicant (Patkar) alone engaged in money laundering or acted under the firm’s collective policy is a matter for trial.
Patkar was one of the four partners of Lifeline Hospital Management Services, which was awarded the contract to run a Covid-19 jumbo centre in Worli.
Meanwhile, the money laundering case filed by the ED originated from an FIR previously registered by the Mumbai Police.
Investigators further claimed a conspiracy to generate proceeds of crime by producing fake bills and the misappropriation of Rs 32 crore, including Rs 18 crore allegedly linked to Patkar.
(With inputs from PTI)
Subscribe today by clicking the link and stay updated with the latest news!" Click here!
