Today, On 9th September, The Delhi High Court granted bail to Dheeraj Wadhawan, a prominent accused in the DHFL Bank loan case, on medical grounds. The court’s decision comes after reviewing his health condition and the need for appropriate medical care. Wadhawan, who has been embroiled in the high-profile financial scandal, had sought bail on the basis of his deteriorating health.
New Delhi: The Delhi High Court granted bail to Dheeraj Wadhwan on medical grounds in a CBI case related to a multi-crore bank fraud on Monday.
Justice Sudhir Kumar Jain, who heard the bail application, stated,
“The petitioner falls under the category of sick person,”
Also set aside the trial court’s order.
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Earlier, on June 5, the High Court sought a status report on Wadhwan’s bail plea, which initially dismissed by the trial court. The vacation bench of Justice Vikas Mahajan instructed the CBI to file the status report.
Senior advocate Amit Desai participated via video conferencing, while senior advocate Siddharth Agrawal appeared in person.
Advocate Anupam S Sharma represented the CBI, opposing the bail application. The individual’s previous bail request was withdrawn from the Delhi High Court on May 17, following his arrest in connection with the DHFL Bank loan case. His bail application had already been rejected twice by the trial court. On May 10, Special Judge A K Sarpal of the Rouse Avenue Court dismissed the bail application on the grounds of maintainability.
The court also directed the CBI to arrest him after May 11 and to present him before the CBI court, in line with the Supreme Court’s order from January 24. While denying the bail request, the CBI court at Rouse Avenue noted that the accused could file a fresh bail application once he is arrested and brought into the custody of the court. At that time, any plea for interim bail on medical grounds or a regular bail request, if submitted, would be considered.
The court dismissed the bail application following the accused’s arrest. The trial court emphasized that, at this stage, compliance with the Supreme Court’s January 24, 2024, order was necessary to place the accused in physical custody.
Previously, the Bombay High Court granted him protection until May 11 on medical grounds. He had been hospitalized, underwent surgery, and was receiving home treatment after being discharged before his arrest. On January 24, the Supreme Court overturned a Delhi High Court decision that had granted statutory bail to former Dewan Housing Finance Ltd. (DHFL) promoters Kapil Wadhawan and Dheeraj Wadhawan, who were involved in a multi-crore rupee bank loan scam. The apex court revoked the Wadhawan brothers’ bail, stating that both the High Court and trial court had made errors in granting default bail to them.
The Supreme Court bench, while delivering its order, stated,
“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 apex court overturned the findings of both the High Court and the trial court, ruling that the Wadhawan brothers were not entitled to statutory default bail merely because the investigation against other accused individuals was still pending.
In this case, the CBI submitted the chargesheet on the 88th day following the FIR registration, after which the trial court granted them default bail, a decision upheld by the Delhi High Court.
The chargesheet filed on October 15, 2022, and cognisance was duly taken. The trial court granted bail to the Wadhawans, citing that the chargesheet submitted by the CBI was incomplete. Subsequently, the Wadhawan brothers arrested in connection with the case on July 19, 2023. The FIR stemmed from a complaint by the Union Bank of India.