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A Delhi court has dismissed the statutory bail plea of former Dewan Housing Finance Corporation Limited (DHFL) promoters, Kapil Wadhawan and his brother Dheeraj, arrested by the CBI in connection with a multi-crore bank loan scam case.
The accused had claimed before the court that since the CBI failed to file the charge sheet against them within the mandatory 60-day period from their arrest, they had “indefeasible right” to statutory bail, also known as default bail, in the matter.
Special Judge Vishal Gogne, however, said the filing of the present charge sheet in the investigation shall rather be governed by Section 167(2)(a)(i) CrPC, which provides for a maximum period of 90 days.
The judge noted that the accused were also charged with Section 409 (criminal breach of trust by public servant, or by banker, merchant or agent) for which the maximum punishment was life imprisonment, “which brings the period of completion of investigation within the purview of Section 167(2)(a)(i) CrPC i.e. 90 days”.
“Since the period of 90 days has not yet expired in the present investigation, which also relates to Section 409 IPC, applicants Kapil Wadhawan and Dheeraj Wadhawan are not entitled to statutory bail under Section 167(2) CrPC. Both applications are dismissed,” the court said in an order passed on September 30.
The CBI case has been registered on a complaint from Union Bank of India (UBI), which is the lead bank in the consortium. According to the UBI complaint, since 2010, the DHFL has extended credit facilities of over Rs 42,000 crore by the consortium of which Rs 34,615 crore remain outstanding. The loan was declared NPA in 2019 and fraud in 2020.
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