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Synopsis

A single judge bench of the Bombay High Court comprising Justice NJ Jamadar on Wednesday granted interim protection from arrest to Ex-Mumbai Mayor Kishori Pednekar for four weeks in the Covid-19 Body Bags Scam. 

The bench said that the custodial interrogation of Pednekar was not warranted. 
"The issue of custodial interrogation can be considered during the final hearing of the case. I am inclined to protect the liberty of the applicant for a period of four weeks," the court said.

The bench added that in the event Pednekar is arrested she shall be released on a personal bond of Rs. 30000

The high court also directed Pednekar to cooperate with the Economic Offence Wing on September 11, 13, and 16 for questioning between 10 AM to 1 PM. 

Pednekar had approached the high court seeking anticipatory bail following the Sessions Court's rejection of her anticipatory bail plea in connection with the Covid-19 Body Bag Scam. 

Pednekar sought legal recourse after an FIR implicated her, along with IAS officer P Velrasu and the Deputy Municipal Commissioner. They were accused of procuring COVID-19 body bags at an exorbitant price.

Allegedly, the tender was awarded to Vedanta Innotech Pvt Ltd at a rate of Rs. 6719 per piece, despite another contract being granted to One Care Solution company for just Rs. 2583 per piece.

The Sessions Court in its order had recorded that "The funds in question prima facie appear to be government money i.e., public funds. She appears to be involved in economic offences of huge amount, which is public money. So, the allegations need to be viewed seriously and considered as grave offences affecting the economy of the country and also causing serious threat or loss to the financial health of the country" the court recorded.

Pednekar in her plea contended that the complainant Kirit Somaiya is a habitual complainant, and has a history of targeting politicians who do not owe allegiance to his party.

She further added that the complaint against her is tainted with mala fides, politically motivated, and made with an ulterior motive.

Additionally, she contended that the complaint has political overtures is evident from the fact that only after a split in the Shiv Sena Party, the complaint lodged against her who was then a Mayor, and is affiliated with the Uddhav Thackeray Faction.

Case title: Kishori Kishor Pednekar vs State of Maharashtra