Saturday, 1 October, 2022
HomeJudiciaryBombay High Court rejects bail pleas of Wadhawan brothers in Yes Bank...

Bombay High Court rejects bail pleas of Wadhawan brothers in Yes Bank fraud case

Kapil and Dheeraj Wadhawan, promoters of DHFL, sought default bail claiming that CBI had not complied with the procedural requirements under the CrPC while filing the chargesheet.

Text Size:

Mumbai: The Bombay High Court on Wednesday rejected the bail pleas filed by Kapil and Dheeraj Wadhawan, promoters of Dewan Housing Finance Ltd (DHFL), in the Yes Bank fraud case.

A single bench presided over by Justice S V Kotwal had reserved his order on their bail pleas on October 23.

The Wadhawan brothers had approached the high court, seeking default bail, claiming that the Central Bureau of Investigation (CBI), the prosecuting agency in the case, had not complied with the procedural requirements under the Code of Criminal Procedure (CrPC) while filing the chargesheet before the special CBI court in the city.

Senior advocate Amit Desai, who appeared for the Wadhawans, had argued that the CBI had not complied with the procedure under Section 173 CrPC while submitting its investigation report before the special magistrate.

Desai had said at the time that as per section 173, a court could take cognisance of the chargesheet only if the probe was complete.

In the present case, the CBI’s probe report was not complete and yet the court has taken cognisance, therefore, his client deserved to be let out in default bail, Desai had said.

He had also said that the custodial inquiry of the Wadhawan brothers was not required in the case.

Additional Solicitor General Anil Singh, who appeared for the CBI, had opposed the bail applications saying that the CBI had followed all procedures and compliances.

Singh had said that if there had been any changes in the filing procedure of the chargesheet, they had occurred in view of the pandemic situation, during which the court had taken precautionary measures before handling documents.

As per the FIR registered in the case by the CBI, Yes Bank invested Rs 3,700 crore in short-term debentures of DHFL between April and June 2018 for which the Wadhawans allegedly gave Rs 600 crore kickback to the former CEO and managing director Rana Kapoor. These kickbacks were in the form of loan a company registered in the name of Kapoor’s daughters.

Also read: ED arrests Cox & Kings’ ex-CFO, former internal auditor in connection with Yes Bank case


Subscribe to our channels on YouTube & Telegram

Support Our Journalism

India needs fair, non-hyphenated and questioning journalism, packed with on-ground reporting. ThePrint – with exceptional reporters, columnists and editors – is doing just that.

Sustaining this needs support from wonderful readers like you.

Whether you live in India or overseas, you can take a paid subscription by clicking here.

Support Our Journalism

Most Popular