Mumbai, July 16 (PTI) The Bombay High Court on Wednesday granted bail to businessman Sujit Patker, alleged aide of Shiv Sena (UBT) MP Sanjay Raut, in the COVID-19 jumbo centre scam, noting that despite prima facie complicity, extended incarceration is not necessary as the investigation is complete.
A bench of Justice Amit Borkar stressed that factors including the time spent by the accused in jail and the delay in the commencement of the trial should be evaluated in the light of the “overarching principle that bail is the rule and jail is the exception”.
The court ordered Patkar to furnish a personal bond of Rs 1 lakh and imposed a few other conditions.
“If the allegations as they stand are taken at face value, (they) prima facie indicate complicity of Patker 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.
Patker was arrested in July 2023 by the Enforcement Directorate on allegations that he and the other accused cheated the Brihanmumbai Municipal Corporation (BMC) through under-deployment of doctors and staff after securing a contract to run a COVID jumbo centre.
He moved the high court for relief after a special court rejected his bail plea last November, observing 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.
The HC bench considered the time spent by Patker in jail after his arrest, the delay in the commencement of the trial, and parity with co-accused Hemant Gupta, responsible for the routine management of the COVID centre, who 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.
The HC stated that mere allegations in statements of the co-accused cannot be the sole basis for continued pre-trial detention, unless such statements are supported by independent evidence.
“While the ED claims Patker 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 said.
The bench stated that whether the applicant (Patker) alone engaged in laundering or acted under the firm’s collective policy is a matter for trial.
Patker 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.
The money laundering case by the ED stems from an FIR registered by the Mumbai Police.
Investigators 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 Patker. PTI SP NSK
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