The Bombay High Court on Friday granted interim bail to DHFL promoter Dheeraj Wadhawan, an accused in the DHFL-Yes Bank scam being probed by the Central Bureau of Investigation (CBI), to undergo spine surgery at a private hospital.
Court acknowledges past misuse of liberty
While granting bail, Justice SM Modak noted the past misuse of liberty by Wadhawan but said that the court needs to balance various considerations.
Wadhawan’s counsels Amit Desai and Vijay Aggarwal submitted his medical report to assert his medical condition. They also argued that the probe in the case was over, and the chargesheet was already filed. Wadhawan had undergone previous hospitalization with a police escort, but issues and interference from police officials were noted, Desai said.
Bail in other cases?
Desai asked if Wadhawan can be granted bail in other cases, then why not interim bail in this case.
On a court query, Desai said that he was already granted bail by the apex court in the case registered by the Directorate of Enforcement (ED) under the Prevention of Money Laundering Act (PMLA). He was seeking interim bail in the case registered by the CBI.
CBI Special Public Prosecutor AM Chimalkar opposed the interim bail, pointing out his past misconduct and inappropriate behavior during judicial custody. Chimalkar pointed out instances of meeting people, consuming outside food, attempting to hand over a dongle and mobile during custody, and selling paintings and watches purchased from proceeds of crime.
Justice Modak acknowledged the difficulty in determining the motive behind instances of misuse of liberty and emphasized the need to balance concerns.
NO to post-hospitalization care at home
The judge turned down the counsel’s request for post-hospitalization care at home.
Following apprehension expressed by Chimalkar, Justice Modak restrained Wadhawan from signing any documents except medical ones due to apprehensions about asset disposal related to the case.
The HC has asked the hospital to provide weekly health reports to the court and to notify them three days in advance before discharging Wadhawan.
