A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar noted that the trial would likely take over a decade to conclude, considering the substantial amount involved.
![[DHFL Bank Loan Case] Apex Court Dismissed CBI Plea Against Medical Bail to DHFL's Former Promoter Dheeraj Wadhawan](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/12/Court-No-1-2-2.jpg?resize=820%2C471&ssl=1)
NEW DELHI: The Supreme Court on Tuesday (10th Dec) dismissed the Central Bureau of Investigation’s (CBI) plea challenging the Bombay High Court’s decision to grant bail on medical grounds to Dheeraj Wadhawan, former DHFL promoter, in the multi-crore bank loan scam.
A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar noted that the trial would likely take over a decade to conclude, considering the substantial amount involved.
“We are not inclined to issue notice. Appeal dismissed,”
stated the bench.
The Bombay High Court had granted bail citing Wadhawan’s multiple health issues and the unavailability of adequate medical arrangements in jail, especially during emergencies.
The court imposed strict conditions, including a ban on illegal activities, tampering with evidence, and threatening witnesses. Wadhawan was also prohibited from signing documents related to the case without the trial court’s permission, leaving the country without approval, and was instructed to attend proceedings, either in person or virtually, with prior consent.
![[DHFL Bank Loan Case] Apex Court Dismissed CBI Plea Against Medical Bail to DHFL's Former Promoter Dheeraj Wadhawan](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/12/DHFL-Bank-Loan-Case-_Petitioner-Falls-Under-The-Category-of-Sick-Person__-Delhi-HC-Grants-Bail-to-Dheeraj-Wadhawan-on-Medical-Grounds.png?resize=650%2C366&ssl=1)
On January 24, the Supreme Court set aside 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
The Wadhawan brothers, Dheeraj and Kapil, were arrested on July 19, 2023, following a chargesheet filed on October 15, 2022.
The case arose from an FIR by the Union Bank of India, alleging that the DHFL, led by its then-chairman Kapil Wadhawan and director Dheeraj Wadhawan, conspired to defraud a consortium of 17 banks of Rs 42,871.42 crore. The accused allegedly misappropriated funds through falsified records and defaulted on repayments.
