Court denies default bail to Wadhawans
A special court on Tuesday denied bail by default sought by Dewan Housing Finance Corporation Limited (DHFL) promoters Kapil Wadhawan and Dheeraj Wadhawan as the Enforcement Directorate, they claimed, had not filed the charge sheet against them within 60 days of their arrest. The duo was arrested on May 14 in connection with the Yes bank fraud and filed their default bail pleas on Monday, the day they claimed was the 61st day post their arrest and the ED had not filed the charge sheet against them within the stipulated period of 60 days af ter the arrest. The ED, however, filed the charge sheet against them in the Yes bank case on the same day. Appearing for the Wadhawans on Tuesday, Adv Subodh Desai argued that the day of their arrest, that is May 14, should be included in the number of days they have been in custody, which makes them eligible for default bail, as the ED filed the charge sheet on the 61st day. The ED opposed this argument for default bail. Adv Hiten Venegaonkar and Adv Sunil Gonsalves appearing for the central agency argued that May 14 - the date of arrest – does not count in the period spent in custody, hence that the agency has filed the charge sheet within the stipulated 60 days time, making them ineligible for bail by default. Kapil and Dheeraj Wadhawan are accused in the Yes bank scam where the bank is alleged to have made Rs.3,700 crore of investments in DHFL, in return for kickbacks of Rs 600 crore to its founder and ex-MD and CEO Rana Kapoor through a firm linked to his family.
A Prevention of Money Laundering Act (PMLA) court on Tuesday rejected the bail pleas of father-son duo and Housing Development and Infrastructure Limited (HDIL) promoters Rakesh Wadhawan and Sarang Wadhawan.
The bail pleas filed on merits of the case had been argued by their advocates Amit Desai and Subodh Desai and opposed by ED represented by advocates Hiten Venegaonkar and Sunil Gonsalves.
Rakesh Wadhawan had recently tested positive for Coronavirus. By then, he had already been admitted in JJ hospital for a week after complaints of breathlessness. After testing positive for Coronavirus, he was shifted to GT hospital which is a dedicated COVID facility.
On Tuesday, his advocate Subodh Desai sought that he be shif ted to any other hospital since GT hospital did not have facilities to treat Wadhawan’s comorbidities such as gastrointestinal ailments due to which he suffers bleeding. His condition which was already deteriorating, is worsening in GT hospital, Desai told the court. ED’s advocates argued that there are no documents produced to show that the applicant suffers from ailments as claimed and also that there is nothing produced to show that the hospital is unable to provide proper treatment to him.
On the request of Desai, Additional sessions judge Prashant Rajvaidya called for a report from the hospital on whether it can treat Wadhawan with his pre-existing conditions.