Filing incomplete charge sheet would not extinguish right of the accused: ASG

The Supreme Court in the case Enforcement Directorate, Government of India v. Kapil Wadhawan And Anr observed while hearing the medical bail of Kapil Wadhawan, who being the former Chief Managing Director of Dewan Housing Finance Limited, DHFL and the main accused in the Yes BANK-DHFL scam. It has also been informed by the Additional Solicitor General, SV Raji to the Supreme Court that the Union Government is contemplating the plea filed to review the recent judgment of the Apex Court wherein the court has held that filing incomplete charge sheet without completing the investigation would not extinguish the right of the accused in order to get default bail.

In the present case, the application was filed by Wadhawan, wherein seeking bail on the medical grounds, the counsel, Senior Advocate, Kapil Sibal appearing for him submitted with regards to the reference to his default bail application that is being pending. Further, it has been submitted by him that his co-accused in the matter, Ritu Chhabaria, has been granted default bail by a Bench headed by Justice Krishna Murari. The counsel appearing for him also submitted that in the case of Wadhawan’s an incomplete charge sheet has been filed.

Adding to it, he stated that there being a judgement of J. Murari wherein it is stated that you cannot filed the incomplete chargesheet and if you do so we are entitled to default bail.

Therefore, it has also been objected by the ASG to the submissions of Mr. Sibal’s as far as the default bail is being concerned, wherein stating that he does not have the case.

It has also been asked by the bench of Justice Joseph to ASG, Is it being covered by J. Murari’s judgment?

Adding to which, ASG responded that as per me the same is not being covered. The said court can still argue that co-accused was wrongly granted of the default bail.

Further, it has also been enquired by the judge that it is found to be covered that do you have any other argument against…?

It has also been responded by the ASG that so far as the judgement is being concerned this court is contemplating filing a review. I will also argue why it being per incuriam. I have not looked upon the judgement. I will have to look at it.

It has also been requested by Mr. Sibal that if the applications in the matter can be taken up together on a specific date, after briefly making submissions on grant of medical bail.

Later, an application was being filed for medical bail which was being considered, wherein the Apex Court asked Wadhawan to be taken to AIIMS for a check-up for ascertaining his claims of medical ailments. Therefore, it has also been submitted by the ASG that the said application is still pending before the Apex Court. According to him, the report has been given by the AIIMS that Wadhawan was not suffering from any serious ailments.

In the case, in April in 2020, Kapil Wadhawan, along with his brother, Dheeraj Wadhawan, was first arrested by Central Bureau of Investigation, CBI in connection with the Yes BANK-DHFL financial fraud and has been behind the bars since then.