The Sessions Court has refused to grant bail to Shersingh M. Rathod, arrested for his alleged role in the Mithi river desilting scam. The court observed that Rathod played an active role in the conspiracy along with co-accused Ketan Kadam, who allegedly used shell companies to route funds and helped set contract terms in collusion with BMC officials.
Forged MoUs, Fake Signatures Among Key Allegations
Rathod, proprietor of M/s Maindeep Enterprise, is accused of conspiring with Kadam to execute an MoU and agreement to hire machines despite M/s Virgo Specialties Pvt Ltd not possessing the required machinery in January 2021.
He is also alleged to have prepared a fake MoU using forged signatures of deceased land owners for submission to the BMC, and of furnishing bills for dumping silt even though the project had not been carried out.
Defence Claims Rathod Was a ‘Whistle-Blower’
The defence argued that Rathod was, in fact, a whistle-blower and had filed complaints against the directors of M/s Matprop Technical Services Pvt Ltd and Kadam. They claimed the complaints were made to compel Kadam and others to sign the MoU and deposit rent in advance.
It was further contended that the BMC did not consider Rathod’s complaint, and instead he was threatened with blacklisting and forced to sign the hire agreement and MoU.
Court Rejects Defence Argument
Rejecting this claim, the court said,“Even if the email correspondence is accepted, the fact remains that the applicant had signed a non-disclosure agreement, MoU and hire agreement. It appears he signed the documents not out of fear of being blacklisted, but with the intention of obtaining a desilting contract.”
The court noted that if Rathod truly feared blacklisting, he would have approached the high court earlier instead of filing writ petitions only after receiving the BMC’s email.
Forgery, Fund Transfers Strengthened Prosecution Case
While denying bail, the court observed,“More importantly, the applicant prepared forged MoUs of the dumping sites, allegedly obtained land owners’ records and submitted them to obtain the tender.”
The court further pointed out that Rathod transferred large sums to the company and relatives of Kadam, indicating his involvement in the conspiracy, including preparing forged documents to secure the contract “by any means.”
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