DHFL bank fraud case: Delhi High Court grants bail to Dheeraj Wadhwan on health grounds

Delhi High Court, on Monday, September 9, granted bail to Dheeraj Wadhwan, former director at Dewan Housing Finance Limited (DHFL), on health grounds in a CBI case, newswire ANI reported. Wadhwan is accused of involvement in a multi-crore bank fraud case.

Justice Sudhir Kumar Jain granted bail to the accused after hearing the bail application. "Petitioner falls under the category of (a) sick person,” said Justice Jain, according to the ANI report. The trial court is set aside, he said.

The Delhi High Court requested a status report on the bail plea, which he revived on health grounds. The report said the trial court had dismissed his bail plea.

The vacation bench of Justice Vikas Mahajan has instructed the CBI to file a status report, as per the news agency.

Senior advocate Amit Desai appeared via videoconferencing, and senior advocate Siddharth Agrawal appeared physically. Advocate Anupam S Sharma appeared for the CBI against the bail application.

The previous bail application was withdrawn from the Delhi High Court on May 17. Wadhwan had moved a bail plea after his arrest in the DHFL loan case. The trial court rejected his bail plea twice.

Wadhwan’s bail plea was dismissed on the grounds of maintainability by Rouse Avenue court's Special Judge A K Sarpal on May 10. The court also ordered the CBI to arrest him after May 11 to produce him before the CBI court as per Supreme Court directions passed on January 24.

Accused can apply for fresh bail application

The Rouse Avenue court said that an accused can apply for a fresh bail application after he is arrested and in court custody. At that time, his request for interim bail on medical grounds or a regular bail will be considered.

The court rejected the bail application after his arrest. The trial court also said that at this stage, the Supreme Court's first order, delivered on January 24, has to be complied with to take the accused to physical custody, the report said.

He was granted protection by the Bombay High Court till May 11, on medical grounds. He was hospitalised and underwent surgery. Before his arrest, he was receiving treatment at his home after being discharged from the hospital, as per the report.

Supreme Court set aside a Delhi High Court order on January 24, granting statutory bail to DHFL promoters Kapil Wadhawan and his brother Dheeraj Wadhawan concerning a multi-crore rupee bank loan case. The court cancelled the bail granted to the brothers, as per the report.

“We have no hesitation in saying 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. The trial court will hear afresh on regular bail. Appeals allowed accordingly,” said the bench.

Supreme Court set aside the findings of the High Court and the trial court, stating that the brothers cannot claim the statutory right of default bail on the ground that the investigation is pending against another accused, said the report.

CBI filed the chargesheet on the 88th day after the FIR was registered. The trial court granted default bail to them, and the Delhi High Court upheld the order. The chargesheet was filed on October 12, 2022, as per the report.

The trial court granted them bail, noting that the charge sheet filed by the CBI was incomplete. They were arrested on July 19, 2023. According to the report, the FIR in the case was based on a Union Bank of India complaint.