After the anticipatory bail of Digamber Kamat honored by the special judge B P Deshpande, Churchill decided to move to the special court with the fresh application showing the change of circumstances and accordingly the bail application of Alemao came up for hearing Thursday at the special court in Panaji. Churchill appointed special lawyer from Mumbai in this case. Although his application was rejected by the special judge B P Deshpande keeping the order in this matter pending for 24th August 2015.
Churchill became very impatient after getting the news of Kamat’s bail acceptance by the special court but at the same time he also became little optimistic about his freedom and decided to file a fresh application in the special court for which he engaged the senior lawyer Shrikant Shivade from Mumbai to argue the matter before the special court.
Accordingly the application was filed on Thursday but unfortunately his application was rejected by the special judge and the order kept for 24th August while extending his remand for 14 days.
In the argument Alemao’s lawyer Shivade relied on the following points to get the bail granted to his client.
- In spite of being co-accused in the similar offence why Digamber granted the bail while Alemao is still behind the bars, why two sets of rules?
- Why the “Rule of Parity” is not applicable to him in this matter?
- I do not have any criminals cases against me for past 20 years and I am not in power for past two years
The above arguments were based on the judgment / order in the anticipatory bail of Digamber Kamat. Shivade also argued on the point that the bail plea of his client to be heard on the “change of circumstances” but the crime branch lawyer Adv. Rajiv Gomes argued stating that there is no change in the circumstances in last three days when the bail application of Alemao to be rejected by the court.
Advocate Shivade also argued on the point of Section 41-A of CrPC on which Kamat was granted the bail saying that “It applies more to his client “Alemao” as his house and office was searched and they did not find anything and hence he is not required in police custody” According to Shivade when the charges are same on both the accused they should either sail or sink but together.
Shivade also brought to the light that the Kamat has two more charges against him compared to Alemao out of which the first is holding the photo copies of the missing file and second falsely extracting the information under RTI.
Adv. Shivade rebutted the claim of crime branch that his client is habitual offender saying that “Habitual offender according to the supreme court judgment is the one who has been convicted minimum thrice and his client Mr. Alemao does not have single criminal charges against him for last 20 years and he has been acquitted in all earlier cases”.
Although Adv. Shivade argued hard on the fact that the case of his client is much better that Kamat to get him bail but Adv. Gomes brought to the notice of the court that there are no circumstances have been changed from the time Alemao’s bail rejected last time, he also brought to the notice of court that the crime branch has cited the reasons in the case diary to justify the arrest of Alemao while the same is not there in Kamat;s case. He said “We need more time to investigate and interrogate Alemao”
Now it looks like Alemao do not have much of the options left with him then to stay in jail for some more time or until judiciary decides something in his favor which appears to be doubtful, as the crime branch has tied the knots against Alemao very tightly and they will not let him go until they reach to the bottom of the matter in this Louis Berger bribery case, the only concern here is, all the accused should be grilled together and need to be punished along, which is not happening at the moment due to various reasons. What are those various reasons? If you know, please mention them here bellow this article. We will wait to see your valuable comments and suggestions on this serious issue.
Source: Various Sources
Edited by: Goa Prism News Desk
