Today(on 11th May),Delhi High Court addresses high-profile DHFL bank loan fraud case, issuing notice to CBI in response to Dheeraj Wadhawan’s bail plea on medical grounds. Hearing scheduled for Friday, May 17.
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DELHI: The Delhi High Court, today(on 11th May) took action in a high-profile case involving Dheeraj Wadhawan, an accused in the multi-crore DHFL bank loan fraud. Justice Jyoti Singh issued a notice to the Central Bureau of Investigation (CBI) following Wadhawan’s plea for bail on medical grounds.
The court has scheduled a hearing for the matter on Friday, May 17.
Dheeraj Wadhawan sought the intervention of the High Court after a trial court denied his bail request, despite his current medical condition. After being discharged from the hospital following spinal surgery, Wadhawan is currently undergoing treatment at his residence in Mumbai.
During the court proceedings, CBI’s representative, Advocate Anupam Sharma, acknowledged the notice. Arguing on behalf of Wadhawan were Senior Advocates N Hariharan, appearing in person, and Amit Desai, who joined the proceedings via video conferencing from Mumbai.
The plea for bail was previously dismissed by Special Judge A K Sarpal of the Rouse Avenue court on the grounds of maintainability, stating that it was premature. Furthermore, the judge ordered that Wadhawan must be arrested after May 11 and subsequently presented before the CBI court, in alignment with directives from the Supreme Court dated January 24, 2024.
While dismissing the application, the CBI Court emphasized that Wadhawan could file a new bail application once he is in custody. At that juncture, his plea for either interim bail on medical grounds or regular bail would be considered. The trial court also remarked that it was imperative to comply with the Supreme Court’s initial order to take the accused into physical custody.
Before this development, the Bombay High Court had temporarily shielded Wadhawan until May 11 based on his health conditions post-surgery. His senior counsel, during the proceedings, highlighted that the Bombay High Court had acknowledged his medical condition by granting him interim medical bail, which the trial court later deemed non-maintainable. The senior counsel also pointed out that Wadhawan had been arrested during the investigation, had spent time in custody, and even though he was later bailed, the Supreme Court had overturned this decision.
Justice Jyoti Singh, addressing the matter, stated-
“He should surrender and then apply for bail.”
In response, Senior Advocate Hariharan contested the necessity of Wadhawan’s physical presence, suggesting that the submission of a bail application itself could be seen as a form of surrender.
Amidst these discussions, Justice Singh firmly rejected any suggestion of an extraordinary circumstance warranting a stay in Wadhawan’s arrest.
“There is no exceptional circumstance in this instance.”
-she declared.
The dialogue continued with Senior Advocate Desai stressing the severity of Wadhawan’s health issues, which was contrasted by the court’s reference to the medical records from Leelawati Hospital, Mumbai. CBI’s counsel, Sharma, resisted these claims.
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This case has been complicated further by procedural developments; the CBI filed the charge sheet on the 88th day following the FIR registration. The trial court initially granted default bail due to the incomplete nature of the CBI’s charge sheet, a decision later upheld by the Delhi High Court. The FIR was initially lodged by the Union Bank of India, triggering a series of legal challenges that continue to unfold.
