Mumbai, March 13: The sessions court has refused to grant bail to Ketan Kadam of M/s Virgo Specialties Pvt Ltd, booked in connection with the Mithi River desilting scam. The court, while refusing to grant him bail, said that he is alleged to be the mastermind of the criminal conspiracy.
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Allegations of conspiracy in desilting work
It is alleged that Kadam, chief executive officer of Virgo Specialties, along with three BMC officials, hatched a criminal conspiracy in respect of the use of Stilt Pushing Pontoon Machine (SPPM) and Multipurpose Amphibious Pontoon Machine/Truxor (MAPM) in the work of desilting silt from the Mithi River and caused wrongful loss of Rs 65 crore to the BMC.
It is claimed that before the purchase of the machines by M/s Virgo Specialties Pvt Ltd from its providers M/s Maptrop Technical Services Pvt Ltd and M/s Abhiraj Infra Solution India Pvt Ltd, Kadam spent money on air tickets and hotel stays of BMC officials during their visit to Delhi and Kerala.
Further, it is alleged that Kadam had compelled the contractors to execute the agreement of hire, to pay exorbitant rent, and got transferred amounts from contractors into the account of the company monitored by him and the accounts of his relatives.
Defence arguments in bail plea
While seeking bail, Kadam’s lawyers, senior counsel Shirish Gupte, Wesley Menenzes and Waqar Pathan, contended that based on the evidence presented by the prosecution, at the most Kadam can be charged for abetment to the offence under the Prevention of Corruption Act.
They argued that the evidence would not reveal a criminal conspiracy hatched by the applicant in connivance with the BMC officials. The court rejected this argument, saying the charges of corruption are not invoked in the case.
As for the allegation of charging rent to the contractors, it was contended that the transactions were between the contractors and him. Hence, they argued that no money was received by Kadam or by his company from the BMC.
Thus, there is no wrongful gain by the applicant from the BMC. It was pointed out that the estimated cost of desilting was Rs 114.95 crore and the BMC has actually paid Rs 89.65 crore. Hence, it is claimed that there is no wrongful loss to the BMC.
Prosecution opposes bail
The plea was opposed by Special Public Prosecutor Ajay Misar, who contended that the applicant is part and parcel of a deep-rooted criminal conspiracy.
He argued that there is sufficient material showing a prima facie case and causing wrongful loss to the public exchequer, which is the BMC.
Court finds serious charges
After referring to the records and documents presented by the prosecution, Special Judge N. G. Shukla noted that “the materials placed in voluminous documents, which is a part of the charge sheet, show that the applicant had compelled the contractors to execute agreement of hire with his company and compelled them to hire the machines on exorbitant rent. Even in respect of one contractor, the applicant had asked to deposit the entire rent of the agreement period in advance before giving machines for desilting work.”
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Mumbai Sessions Court Grants Bail To Contractor Shersingh Rathod In Mithi River Desilting ScamWhile rejecting Kadam’s bail plea, the court said, “After considering all the material and allegations of compelling the contractors to execute agreement of hire of the machines, to pay exorbitant rent and to receive the amount of rent in advance and post work in the accounts of relatives and other companies controlled by the applicant, I find that there are serious charges against the applicant showing that he is the mastermind of the criminal conspiracy.”
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