PANJIM: The special court on Monday rejected former Public Works Department (PWD) minister Churchill Alemao’s bail application, dismissing his plea seeking release ‘on parity’. Alemao continues to be in judicial custody and is contemplating moving the High Court challenging the order.
Special Judge B P Deshpande observed that Alemao’s application for bail on parity cannot be accepted as former chief minister Digambar Kamat – also charged with similar offences in the Louis Berger bribery scandal – was granted anticipatory bail on grounds of violation of Section 41 of the Code of Criminal Procedure.
“…the co-accused (Kamat) has been granted anticipatory bail only on the ground of violation of mandatory conditions of Section 41 of the CrPC and therefore this court has to first of all consider the question as to whether parity can be considered when co-accused is granted bail on violation of the provision and not on merit,” the order reads.
Alemao’s fresh bail plea before the court on August 20 had stated that Kamat was granted anticipatory bail despite being probed on the same charges for criminal conspiracy under Section 120-B of the Indian Penal Code and Sections 7,8,9 and 13 of the Prevention of Corruption Act.
“The main accused (referring to Kamat) was released on anticipatory bail when I am in jail… There should be rule of parity in this case… I stand on a higher footing than Kamat, who is being considered as the ‘main conspirator’ in the case because I responded to all the summons and was interrogated extensively after my arrest,” defence counsel Shreekant Shivade, appearing for Alemao had told the court.
The court, in its 21-page order, mentioned that when bail is granted on technical ground, others though similarly placed cannot claim bail on parity while it also observed the investigating officer complied with section 41 CrPC in Alemao’s case.
Referring to the case details, the court observed that Alemao deliberately kept the JICA project file pending and formed separate committees even though this was not permissible as per JICA regulations the only intention being to take control of the project. Moreover, he had pressurized the consultant to accept the terms.
“Notings in the files and remarks of the chief secretary speak for itself and therefore role played by the present applicant (Alemao) is much different and more specific than the role of other accused (Kamat) who is granted bail only on technical ground,” Judge Deshpande said.
