The Rouse Avenue Court of Delhi has dismissed the bail plea of Sunny Suresh Bathija, brother-in-law of Dheeraj Wadhawan former director of Dewan Housing Finance Corporation (DHFL) in the Bank Fraud Case to the tune of Rs 34,926.77 crore.
The court noted that, in this matter, CBI filed a chargesheet consisting of about 55,000 pages in the court on October 15 this year upon which cognizance is already taken against 75 accused persons/companies.
The main accused in this case is DHFL company and its Chairman and MD Kapil Wadhawan and one another director Dheeraj Wadhawan who are already in custody besides some other directors and officials. DHFL company is immune from prosecution due to the bar of Insolvency and Bankruptcy Code and NCLT orders.
The Special Judge Ashwini Kumar Sarpal in an order passed on December 19 this year said the accused Sunny Suresh Bathija was actively involved in conspiracy with other main accused persons Wadhawan Brothers in disposal, siphoning and concealing of part of the huge embezzled amount of more than Rs 34,000 crore, directly or indirectly facilitating in the preparation of the false agreement for disposal of paintings of Rs 30 crore, his false plea taken that he was doing bonafide act at the instance of his brother-in-law when his own personal interest was also involved.
He had manipulated his admission in the hospital in order to avoid interrogation of the CBI which showed a non-cooperative attitude, has every chance to pressurize and influence the various public and private witnesses being very close relative of main accused besides having potential to run away from the court, I find it a fit case where bail application of accused Sunny Suresh Bhatija has to be rejected. The accused is not entitled to any regular bail as prayed for.
Senior Lawyers Ramesh Gupta and Rebecca John appeared for accused Sunny Suresh Bathija argued that he is already in custody for more than 60 days and no useful purpose would be served to keep him in further custody. He joined the investigation on nine occasions consisting of 40 to 50 hours and also produced about 5,000 documents before the Investigation officer and fully cooperated with him during the investigation. His house and office premises were searched but no incriminating article was found from there.
CBI filed charge sheet against various other persons without even arresting them and it showed a discriminatory attitude and adopting of pick and choose the method. As per accused, maximum to maximum offence under Section 206 & 411 IPC is attracted against him and the maximum punishment will be given to him is three
years, if ultimately convicted. He cannot be punished under Section 409 IPC or under PC Act even after trial, argued the lawyers.
According to the FIR, based on a complaint made by Union Bank of India allegation that M/s Dewan Housing Finance Corporation Ltd. (DHFL), Kapil Wadhawan, the then CMD, Dheeraj Wadhwan, the then Director, both of DHFL and other accused persons entered into a criminal conspiracy to cheat the Consortium of 17 banks led by Union Bank of India and in pursuance of the said criminal conspiracy the said accused Kapil Wadhwan and others induced the consortium banks to sanction huge loans.
Much of this amount was allegedly siphoned off and misappropriated by alleged falsification of the books of the DHFL and dishonest default in repayment of the legitimate dues of the said consortium banks.
The complainant alleged that a wrongful loss of Rs. 34,615 crore was caused to the consortium banks in as much as such was the quantification of the outstanding dues as on 31.07.2020, alleged Central Bureau of Investigation. (ANI)
