Mithi fraud: 'No proof that Jay Joshi forced contractors to hire machines'
MUMBAI, June 12 -- There is no material to show that Jay Joshi, an alleged intermediary arrested in connection with the Mithi river desilting fraud, compelled contractors to hire machines at inflated rates and caused wrongful losses to the Brihanmumbai Municipal Corporation (BMC), the sessions court said while granting him bail last week.
According to the contractors' statements, it was the other arrested intermediary, Ketan Kadam, who dealt with them regarding hiring the machines, the court noted. "Hence, prima facie, there is no material showing the role of the applicant (Joshi) in the conspiracy," the court said, according to the detailed bail order published on Wednesday.
Joshi, the director of industrial product manufacturer Virgo Specialties Pvt Ltd, and Kadam, the director of desilting services company Woder India LLP, were arrested last month. According to the Mumbai police's Economic Offences Wing (EOW), they were involved in charging the BMC an inflated amount to rent silt pusher machines and dredging equipment supplied by a Kochi-based firm, Matprop Technical Services Pvt Ltd. This was allegedly done in connivance with Matprop executives and officials from the BMC's stormwater drains department.
However, Joshi filed a bail plea in which he argued that he had appointed Kadam as Virgo Specialties's CEO on May 5, 2020. Kadam was responsible for all transactions, negotiating all financial matters, and signing agreements on behalf of the company, including with Matrop, said advocate Aabad Ponda, appearing for Joshi. Since Kadam was looking into the affairs of the company, including the purchasing and hiring of machines, Joshi cannot be prosecuted for cheating and criminal conspiracy, the bail plea said.
Joshi also argued that the EOW had failed to inform his wife about his arrest in writing, which was a violation of his rights under the constitution, making him eligible for bail.
The court agreed with Joshi's argument that he had no role in compelling the directors of the contractor companies to hire the machines. "In the absence of such a specific role as a director of the company, there is no strong reason to deny bail to the applicant (Joshi)," the court said.
The court also said that it was not difficult for the investigating officer to give the information about Joshi's arrest in writing to his wife. It also rejected the prosecution's argument that Joshi should be denied bail because the other accused in the case are yet to be arrested. The court said this was not a sufficient and satisfactory reason to reject the bail application.
Joshi was among 13 people, including three BMC officials, booked in connection with the alleged fraud. The case involves alleged financial irregularities, inflated tenders, and corrupt practices linked to desilting contracts for the Mithi River, which caused the BMC losses worth over Rs.65 crore, according to the EOW....
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