Delhi HC issues notice to CBI on plea of Dheeraj Wadhawan seeking bail on medical grounds, refuses to stay arrest

New Delhi [India], May 11 : The Delhi High Court on Saturday issued notice to CBI on a plea of Dheeraj Wadhawan seeking bail on medical grounds. He is an accused in a CBI case related to the DHFL multi-crore bank loan fraud case.
He has approached the High Court against the trial court order refusing him bail on medical grounds. He is under treatment at his home in Mumbai after discharge from the hospital post-spinal surgery.
Justice Jyoti Singh issued notice to the Central Bureau of Investigation (CBI) and directed to file a reply. The matter has been listed on Friday (May 17) for a hearing.
Advocate Anupam Sharma appeared for CBI and accepted the notice. Senior advocate N Hariharan appeared physically and Senior advocate Amit Desai appeared from Mumbai through video conferencing for accused Dheeraj Wadhawan.
The Rouse Avenue court's Special judge A K Sarpal on Friday dismissed his bail application on the ground of maintainability. The court has also said that the bail application is premature.
The court had also directed the CBI to arrest him after May 11 and to produce him before the CBI court as per the direction of the Supreme Court passed on January 24.
While rejecting the bail application, the CBI Court at Rouse Avenue on Friday said that the accused is at liberty to move a fresh bail application for bail after he is arrested and comes into the custody of this court. At that time, his request for a grant of interim bail on medical grounds or regular bail, if moved, will be considered.
The trial court also said that at this stage, the first order of the Supreme Court of January 24, 2024, has to be complied with for taking the accused in physical custody.
Earlier, he was granted protection by the Bombay High Court till May 11 on medical grounds. He was hospitalised and underwent surgery. Now he is at his home and taking treatment.
Senior advocates Amit Desai and N Hariharan appeared and submitted that Medical bail was granted by the Bombay High Court. Temporary protection ending today Interim medical bail, rejected on the maintainability. It was also submitted that the Trial court directed the CBI to arrest the accused.
The senior counsel for the accused also submitted that He was arrested during the investigation, and was in custody. Later on, he was granted bail. The Supreme Court had reversed his bail. They argued that he is in judicial custody, under the court's constructive custody.
Justice Jyoti Singh said, "Let him surrender and apply for bail." At that point, senior advocate N Hariharan submitted that Prima facie man is unwell. Justice Singh said that it is contrary to the medical record. "I am not going to give any stay."
Senior advocate Hariharan argued that the high court is well within its power to grant a stay in this extraordinary situation. Justice Singh rejected the submission and said "There is no extraordinary situation in this case."
Senior advocate Hariharan submitted that "Trial court said his physical presence is required. It is not required." He argued, "It amounts to surrender when a person moves an application and it is before the court."
The bench said "You surrender and apply for bail. Has anyone denied you bail? Has the trial court denied you the bail?"
At this point, senior advocate Desai submitted that the accused was extremely unwell. The court also went through the medical record record of Leelawati Hospital, Mumbai. CBI's counsel Anupam Sharma opposed the submissions.
In this case, CBI had filed the chargesheet on the 88th day after registration of the FIR and the trial court granted default bail to them and the Delhi High Court upheld the order. The charge sheet was filed on October 15, 2022, and cognisance was taken.
The trial court had granted bail to them noting that the charge sheet filed by the CBI is incomplete. On July 19, 2023, they were arrested in this case. The FIR in the case was based on a complaint made by the Union Bank of India.