Alemao, through his advocate Arun Bras De Sa also submitted that statements of witnesses recorded under Sections 161 and 164 of the Code of Criminal Procedure lack documentary evidence to prima facie substantiate or corroborate it.
“There is no documentary evidence to prima facie substantiate or corroborate the oral statement of the witness under sections 161 and 164, as of the handing over of Rs 60 lakh as alleged. Further investigation, if any, is purely in the realm of documentary evidence and/or evidence to be gathered from the US from its appropriate court/authorities, which would take months, if not years in obtaining/accruing,” he said.
He stated that he is already in judicial custody and further custody will not serve any useful purpose for interrogation.
Reiterating that the authorities have trumped up a false case against him, he added that his arrest on August 5, subsequent to summons issued to him under Section 41-A CrPC ‘is arbitrary, illegal, mala fide and/or without the bona fide formation of opinion as required under Sub Section 3 of Section 41-A CrPC.’
In his submission, Alemao has also cited medical conditions to get bail stating he has undergone a knee joint replacement in 2008 and is presently suffering from lumber spondylitis, hypertension and hyperuricemia.
The petition further says he is innocent and is willing and ready to stand trial in order to vindicate his innocence.
The High Court will hear the petition on Friday, a day after hearing Crime Branch’s plea challenging the special court’s order granting anticipatory bail to former chief minister Digambar Kamat.
