Khushi Doshi
Published on: March 10, 2022 at 12:15 IST
The Bombay High Court on Wednesday Granted Bail to BJP Member of Maharashtra Legislative Council Prasad Lad in a lawsuit brought by the Mumbai Police’s Economic Offences Wing for three weeks.
Lad had filed a Petition desiring the curtailing of a FIR registered against him by the Economic Offences Wing under IPC Sections 406 (Criminal Breach of Trust) and 420 (cheating) in connection with a Brihanmumbai Municipal Corporation Contract. Lad also requested that the Police not file a chargesheet against him or take any Coercive action against him.
While protecting the BJP leader from coercive action, the Bench of Justices PB Varale and SM Modak served Notices on the Maharashtra Government and the Complainant, Businessman Bimal Agarwal. The Court asked them to state whether Lad was Notified, informed, either by any communication or notice between the filing of the FIR in 2015 and the notice in 2021.
“We also make it clear that if the accused (Lad) is informed, this Court may reconsider recalling the Order Granting Interim Relief in his favour.” , it further stated.
Advocate Rizwan Merchant, who represented Lad, stated, “The Member of the Legislative Council is a prominent member of the Opposition, and all of this is happening because of the Tug of War that is going on in the State and the Supremacy for Power.”
In Lad’s case, he is the director of a company called Krystal Tradecom Pvt Ltd, which offers security and other services. In 2009, he formed a joint venture (JV) called BVG-Krystal with businessman Bimal Agarwal’s company.
The joint venture of these two companies had floated tenders for the protection of water trunk mains around reservoirs and pumping stations through the construction of compound walls and other similar structures. This JV won the tender, and Agarwal was granted Power of Attorney to Ensure the smooth operation of the paperwork.
According to Lad, the tender work was completed in 2012, and around the same time, Agarwal was investigated for VAT evasion. As a result, Agarwal’s Power of Attorney from 2009 was revoked in 2012.
According to the Plea, the allegations levelled are of a Civil nature.
Merchant continued saying, “There was not a Single Notice issued between 2015 and 2021. The first Notice was issued in 2021. And now there is a fear that Lad will be Arrested.”
At this point, the Bench stated, “We make it clear that Respondents (State and Agarwal) must state whether or not Lad was informed about the case between 2015 and 2021.”
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