The Delhi High Court on Wednesday sought a status report on the bail plea of Dheeraj Wadhawan who has sought bail on medical grounds. His bail plea was dismissed by the trial court.
The vacation bench of Justice Vikas Mahajan directed the CBI to file a status report on the plea and listed the matter for hearing on June 10.
Senior advocate Amit Desai appeared through video conferencing and senior advocate Siddharth Agrawal appeared physically. Advocate Anupam S Sharma appeared for CBI and opposed the bail application.
Wadhawan’s earlier bail plea was withdrawn from Delhi High Court on May 17. He is an accused in a CBI case related to the DHFL multi-crore bank loan fraud case.
He approached the High Court after the trial court denied him a bail-in. His bail plea has been dismissed twice by the trial court. The Rouse Avenue court’s Special Judge A K Sarpal on May 10 dismissed his bail application on the grounds of maintainability.
The court had also directed the CBI to arrest him after May 11 and to produce him before the CBI court as per the direction of the Supreme Court passed on January 24.
While rejecting the bail application, the CBI Court at Rouse Avenue had said that the accused is at liberty to move a fresh bail application for bail after he is arrested and comes into the custody of this court. At that time, his request for a grant of interim bail on medical grounds or regular bail, if moved will be considered.
However, the bail application was dismissed by the court after his arrest. The trial court also said that at this stage, the first order of the Supreme Court of January 24, 2024, has to be complied with for taking the accused in physical custody.
Earlier, he was granted protection by the Bombay High Court till May 11 on medical grounds. He was hospitalised and underwent surgery. He was receiving treatment at his home after discharge from the hospital before his arrest.
The Supreme Court on January 24 set aside a Delhi High Court order granting statutory bail to former Dewan Housing Finance Ltd (DHFL) promoters Kapil Wadhawan and his brother Dheeraj Wadhawan in connection with a multi-crore rupees bank loan scam case.
The apex court had cancelled the bail granted to the Wadhawan brothers.
It said the High Court and trial court had erred in providing default bail to the Wadhawans.
“We have no hesitation that the chargesheet having been filed and cognisance being taken in due time, respondents could not have claimed statutory bail as a right. The High Court and lower court greatly erred. Trial court to hear afresh on regular bail. Appeals allowed accordingly,” the bench said while pronouncing the order.
The top court had set aside the findings of the High Court and the trial court, saying the Wadhawan brothers cannot claim the statutory right of default bail on the ground that the investigation is pending against other accused.
In this case, CBI had filed the chargesheet on the 88th day after registration of the FIR and the trial court granted default bail to them and the Delhi High Court upheld the order. The charge sheet was filed on October 15, 2022 and cognisance was taken.
The trial court had granted bail to them noting that the charge sheet filed by the CBI is incomplete.
On July 19, 2023, they were arrested in this case. The FIR in the case was based on a complaint made by the Union Bank of India.
