CBI moves Delhi HC challenging statutory bail granted to DHFL's Wadhawan brothers

The CBI has challenged a trial court's December 3 order granting statutory bail to Wadhawan brothers due to “incomplete charge sheet”.

The CBI on Monday approached the Delhi High Court challenging the statutory bail granted to former Dewan Housing Finance Corporation Limited (DHFL) promoters, Kapil Wadhawan and his brother Dheeraj, in connection with a multi-crore bank loan scam case.

The plea, which was mentioned by the CBI counsel for urgent listing before a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, is likely to be heard on Tuesday.

The Central Bureau of Investigation (CBI) has challenged a trial court's December 3 order granting statutory bail to Wadhawan brothers due to “incomplete charge sheet”.

The special court, in its order, has said that on merits, the two accused persons might not be entitled to any bail keeping in view the gravity and seriousness of the case.

However, it said the court was “compelled” to release them from custody under statutory law by giving mandatory concession of default bail due to incomplete charge sheet.

“The CBI cannot be entirely blamed for filing incomplete charge sheet because it was not humanly possible and was also 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,” it has said.

The special court said the legislation wants that if the charge sheet is not filed within a period of 60 or 90 days from the date of arrest of accused person as the case may be and if it is filed but is not complete then the accused gets indefeasible right to be released on bail without any discussion on merits.