DHFL Bank Fraud Case: Delhi High Court Grants Bail To Ex-Promoter Dheeraj Wadhwan On Medical Grounds

While grating bail to Wadhwan, a single judge bench of Dr. Justice Sudhir Kumar Jain said that even though Wadhwan may not require hospitalization at the moment, but he needs "regular and periodical medical attention" and treatment under "direct supervision of expert and specialist doctors", hence falls within the ambit of a sick person under S. 437(1) CrPC.

In his plea before the high court Wadhawan had contended that he suffers from multiple comorbidities and chronic ailments including ischemic heart disease, chronic kidney disease, fluctuating serum creatinine levels, hypertension, obstructive sleep apnea, obesity etc. He had stated before the high court that during his judicial custody since April 26, 2020 he had visited the hospital about 50 times and has undergone around 8 surgeries.

The high court further said that “If the ailments of the applicant are not properly addressed then these ailments may prove to be life threatening. The applicant is required to be treated by the suitable doctors may be at private hospitals.The applicant is entitled for grant of bail as per proviso to section 437 (1) of the Code. Accordingly, the present petition is allowed and impugned order is set aside”. 

The high court thereafter granted bail to Wadhawan subject to certain conditions including furnishing a personal bond of Rs. 10,00,000 with one surety of like amount to the satisfaction of the trial court, surrendering his passport to the trial court if not already seized, attending the trial regularly unless personal attendance is exempted by trial court among others. 

"It is made clear that nothing in this order shall be taken as opinion on merit of the case," the high court said. 

Wadhwan is accused of entering into "criminal conspiracy" along with other accused persons to "cheat consortium of 17 banks led by the Union Bank of India" by allegedly inducing these banks to "sanction huge amount of loans". It is alleged that Wadhwan along with other accused "siphoned off and misappropriated" approximately Rs. 40,000 crores by "falsifying" the books of account of DHFL.

The high court in its order said that while it is "conscious" that there are "very serious allegations" against Wadhawan and other co-accused involving "misappropriation and cheating of about Rs. 40,000 crores", it however said that it is dealing with consideration of bail to Wadhawan on medical ground as per proviso to section 437 (1) of the Code and not on the merits of the case.

The court said that the "past and previous conduct of the applicant does not have much relevance" in the context of the present bail application filed on medical grounds adding that Wadhawan was not in custody in any other case except the present one. 

The High Court noted that Wadhwan has been in judicial custody for more than 15 months, Wadhawan is suffering from various ailments and that the trial is not expected to be completed in near future as there are "more than 100 accused named in charge sheet and the prosecution has cited more than 600 witnesses". 

It referred to the recent decision of the Supreme Court in Manish Sisodia vs. Directorate of Enforcement, wherein the apex court had observed that "keeping accused behind the bars for an unlimited period in the hope of a speedy completion of trial would deprive his fundamental right to liberty under Article 21 of Constitution".

Notably on May 2, Wadhawan was granted regular bail by the Bombay High Court which had also considered the various issued related to Wadhawan's medical condition. 

Case title: DHEERAJ WADHAWAN vs. CBI

Citation: 2024 LiveLaw (Del) 991

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