Delhi High Court Stays Trial Court Order Granting Statutory Bail To DHFL's Wadhawan Brothers In Bank Loan Fraud Case

The Delhi High Court on Wednesday stayed a trial court order granting statutory bail to former Dewan Housing Finance Corporation Limited (DHFL) promoters, Kapil Wadhawan and his brother Dheeraj, in relation to a multi-crore bank loan scam case.

The counsel representing Wadhawan brothers submitted before the court that they will not proceed with their bail bonds before the trial court.

"With the consent of both the parties, it is hereby directed that the impugned order dated 03.12.2022 will not be given effect to, till the next date of hearing," Justice Amit Sharma said in the order.

The Central Bureau of Investigation (CBI) had challenged the trial court vide which Wadhawan brothers were granted statutory bail earlier this month, due to "incomplete charge sheet".

The two were arrested by CBI on July 19. The chargesheet was filed in the trial court on October 15.

The FIR was registered on the basis of a complaint filed by Union Bank of India alleging that Kapil Wadhawan, Dheeraj Wadhawan and other accused persons entered into a criminal conspiracy of cheating the consortium of 17 banks.

It was alleged that the accused persons induced the consortium banks to sanction huge loans of over Rs. 42,000 crores.

The Union Bank of India alleged that a wrongful loss of Rs. 34,615 crore was caused to the consortium banks.

While granting statutory bail to the Wadhawan brothers, the trial court had said that although the duo might not be entitled to bail on merits of the case, it is "compelled" to release them under statutory law by giving "mandatory concession of default bail due to incomplete charge sheet."

The trial court in the order also said that the CBI cannot be entirely blamed for filing incomplete charge sheet because it was not "humanly possible" and was "practically very difficult" to complete the very big investigation task within a period of 90 days "especially when the accused persons themselves took several years altogether to complete the offences."

SPP Anupam S. Sharma along with Advocate Prakarsh Airan represented CBI. Senior Advocate Mukul Rohatgi appeared for the petitioners.