Former Dewan Housing Finance Limited (DHFL) director Dheeraj Wadhawan, implicated in a bank fraud case, withdrew his bail application from the Delhi High Court.
He had filed for bail subsequent to his apprehension in the DHFL bank loan case. His plea was grounded on medical reasons and scheduled for a hearing on Saturday. Justice Jyoti Singh permitted Wadhawan’s counsel to retract the bail application.
On May 11, the High Court issued notice to the CBI following a plea from Dheeraj Wadhawan seeking medical bail. He stands accused in a CBI case linked to the DHFL multi-crore bank loan fraud.
Wadhawan challenged the trial court’s denial of medical bail, seeking recourse in the High Court. He is presently undergoing treatment at his Mumbai residence after undergoing spinal surgery and hospital discharge.
Special Judge AK Sarpal of the Rouse Avenue court dismissed his bail plea on grounds of prematurity and maintainability on May 10.
The court also directed the CBI to effectuate his arrest post-May 11, adhering to the Supreme Court directive of January 24.
Upon rejecting the bail plea, the CBI Court at Rouse Avenue stated that the accused must first be taken into physical custody in compliance with the Supreme Court’s order. The court indicated that subsequent bail applications could be entertained after his arrest.
Earlier, Bombay High Court had granted Wadhawan temporary protection until May 11 due to medical reasons. However, his interim medical bail plea was rejected on grounds of maintainability.
Senior advocates Amit Desai and N. Hariharan contended that Wadhawan, having been arrested during the investigation and subsequently granted bail, is presently in judicial custody. They emphasized his deteriorating health condition.
Justice Jyoti Singh, upon review of medical records from Leelawati Hospital, Mumbai, rejected the plea for a stay, asserting no extraordinary circumstances warranting such action.
The court reiterated that custody entails physical confinement, dismissing arguments for virtual appearances. Senior advocate Hariharan suggested Wadhawan’s arrest in Mumbai, but the court questioned the procedural feasibility.
The Supreme Court, on January 24, annulled a Delhi High Court order granting statutory bail to Dheeraj Wadhawan and his brother Kapil Wadhawan in connection with the bank loan scam case.
The apex court emphasized that statutory bail cannot be claimed as a right when charges have been filed and cognizance taken.
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