Hindustan Times ST (Mumbai) - Live

Bank fraud case: HC grants bail to Dhoot

Bench calls his arrest illegal; questions CBI investigat­ion, special court’s remand order

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K A Y Dodhiya

MUMBAI: The Bombay high court on Friday granted interim bail to Videocon Group promoter Venugopal Dhoot on the grounds that his arrest by the Central Bureau of Investigat­ion (CBI) in the ICICI Bank fraud case was not in compliance with the law.

The court also raised questions over the central agency’s investigat­ion and the special CBI court’s order remanding Dhoot in judicial custody.

“It appears that the extension of custody was sought for confrontin­g the petitioner with the co-accused – Chanda Kochhar and Deepak Kochhar. However, there is no satisfacto­ry answer from the investigat­ing agency as to why for three years it has neither confronted all the accused with one another nor demonstrat­ed the progress of the investigat­ion by placing the case diary before the remanding court,” a division bench of justice Revati Mohite Dere and justice P K Chavan said.

The bench also said the special court had failed to discharge its duty. “It is manifested from the impugned order passed by the remanding court that no serious efforts had been made to scrutinise the applicatio­n seeking detention of the petitioner as well as the case diary presented before it. Noncomplia­nce with section 41 and 41A of CrPC is therefore apparent.”

The onus of recording satisfacti­on while permitting arrest or granting extension was not only the prerogativ­e of the investigat­ing officer but even the remanding judge, which was not done, the HC said.

“The observatio­ns of the learned judge that there was a due compliance with section 41 and 41A of CrPC are casual and appear to be based upon ipse dixit of the investigat­ing officer. It is apparent that the remanding court had not recorded its satisfacti­on as to what persuaded him to authorise the detention of the petitioner after going through the case diary produced by the respondent no.1 (CBI),” it said.

The court ordered the release of Dhoot on furnishing a cash security of ₹1 lakh for a period of two weeks and directed Dhoot to execute a personal bond of ₹1 lakh with one or more sureties in the like amount on or before the completion of two weeks.

Dhoot had approached the HC after Chanda Kochhar, former MD and CEO of ICICI Bank, and her husband Deepak Kochhar got bail earlier this month. The HC had then said that their arrest was “not in conformity with provisions of law”.

 ?? BHUSHAN KOYANDE/HT PHOTO ?? Videocon Group promoter Venugopal Dhoot leaves Arthur Road jail in an ambulance on Friday.
BHUSHAN KOYANDE/HT PHOTO Videocon Group promoter Venugopal Dhoot leaves Arthur Road jail in an ambulance on Friday.

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