Mumbai, Oct 17 (PTI) A special court here on Monday denied bail to businessman Sujit Patkar, an aide of Shiv Sena (UBT) MP Sanjay Raut, in the alleged COVID treatment centres scam, noting he played with the "life of people" by under-deployment of doctors and staff to generate proceeds of crime.
The Enforcement Directorate (ED) has stated that Patkar "due to his proximity with a politically exposed person" managed to get a contract for his partnership firm Lifeline Hospital Management for supplying medical staff at Dahisar and Worli Jumbo Covid facilities during the pandemic.
The probe agency has alleged that obtaining the tender based on incomplete and wrong records and receiving payments from the civic body fraudulently, resulted in the generation of proceeds of crime (PoC) amounting to Rs 32.44 crore to Lifeline Hospital Management Services.
Out of the total proceeds of the crime, an amount of Rs 2.81 crore, was diverted in the personal bank account of Patkar.
The special Prevention of Money Laundering Act (PMLA) court judge A C Daga noted that during the pandemic period society needed a person to take a step forward and save human life.
"Though the applicant/accused with his partners stepped forward trying to show that they want to save the human life, but has entered into a criminal conspiracy and played with the life of people at large by under-deployment of doctors and staffs with the only intention to cheat the Brihanmumbai Municipal Corporation (BMC) and generate proceeds of crime by fake bills and vouchers," the court noted.
The court further stated there are ample statements of the witnesses to show that a list of more staff members was prepared than being deployed on the instructions of Patkar.
The bills were prepared and presented to the civic body officials and for clearance, gifts were given to BMC employees, the court order stated.
"Accordingly, the said bills were being passed. Knowingly presenting bills based on fake vouchers and the incorrect list of the employees clearly goes to make out a case of cheating the officials of BMC," it added.
Besides Patkar, the other accused are the firm, Lifeline Hospital Management Services, its three partners and the dean of the Dahisar Jumbo Covid Centre, Dr Kishore Bisure.
Only Patkar and Bisure have been arrested in the case. The three partners- Hemant Gupta, Sanjay Shah and Rajeev Salunkhe and the firm's employee Dr Arvind Singh are out on bail under a CrPC provision.
On the parity principle, the court ruled that the statements of witnesses recorded by the investigation agency show that the accused (Patkar) has taken part in every activity of the firm, including the decision to submit fake bills and vouchers to the BMC office and managing civic officials.
It apparently appears that the role of Patkar is greater than others and accordingly, he is not entitled to release on the grounds of parity, it added.
The court said there was no delay by the complainant in the proceedings of the trial.
"As such, an opportunity is required to be given to the complainant (ED) for starting with trial and trying to complete it, " the court said.
In the absence of progress in the matter within the next 6-8 months, Patkar will be entitled to apply for bail, the judge added.