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Updated January 24th, 2024 at 14:08 IST

Supreme Court cancels bail granted to DHFL's Wadhawan brothers

In this specific case, the CBI filed the charge sheet on the 88th day after registering the FIR.

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Supreme Court
Supreme Court | Image:PTI
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The Supreme Court has overturned the bail granted to former DHFL promoters Kapil Wadhawan and his brother Dheeraj in the multi-crore bank loan scam case. Justices Bela M Trivedi and S C Sharma asserted that both the high court and the trial court made errors in granting bail to Wadhawan brothers.

The bench stated, "We have no hesitation that the charge sheet having been filed and cognisance being taken in due time, respondents could not have claimed statutory bail as a right." The decision stems from the understanding that, under the Code of Criminal Procedure (CrPC), an accused can be granted statutory bail if the investigative agency fails to file the charge sheet within 60 or 90 days after concluding the investigation in a criminal case.

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In this specific case, the CBI filed the charge sheet on the 88th day after registering the FIR. The trial court had initially granted default bail to the accused, a decision that the Delhi High Court subsequently upheld.

The Wadhawan brothers were arrested on July 19 last year in connection with the case. Although the high court clarified that it did not delve into the merits of the case, the Supreme Court's decision underscores the critical examination of the legal aspects surrounding the grant of bail.

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The charge sheet in this case was filed on October 15, 2022, and cognisance was duly taken. The origins of the FIR trace back to a complaint filed by the Union Bank of India, indicating the widespread ramifications of the alleged bank loan scam.

(With PTI inputs)

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Published January 24th, 2024 at 14:08 IST

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