Thinking Of Filing Review Against Judgment That Incomplete Chargesheet Won't Deprive Accused Of Default Bail : ASG Tells Supreme Court

On Friday, at the medical bail hearing of Kapil Wadhawan, the former Chief Managing Director of Dewan Housing Finance Limited (DHFL) and main accused in the Yes Bank-DHFL scam, the Additional Solicitor General, SV Raji, as an aside, informed the Supreme Court, that the Union Government is contemplated filing a petition to review the recent judgment of the Apex Court wherein it was held that filing incomplete charge sheet without completing investigation would not extinguish the right of the accused to get default bail.Though the hearing was with respect to Wadhawan’s application seeking bail on medical grounds, his Counsel, Senior Advocate, Kapil Sibal made reference to his default bail application that is pending. He submitted that his co-accused in the matter, Ritu Chhabaria, has been granted default bail by a Bench led by Justice Krishna Murari. He submitted that in Wadhawan’s case an incomplete charge sheet has been filed. He added -“Now there's a judgment of J. Murari which says you cannot file incomplete chargesheet and if you do so we are entitled to default bail..”The ASG objected to Mr. Sibal’s submission, “So far as default bail is concerned, we say he does not have a case.”Justice Joseph asked the ASG, “Is it covered by J. Murari’s judgment?”The ASG responded, “According to me, it is not covered…We can still argue that co-accused was wrongly granted default bail.” The Judge further enquired, “If it is found to be covered, do you have any other argument against…?”The ASG responded, “So far as that judgment is concerned we are contemplating filing a review…I will also argue why it is per incuriam. I have not looked at the judgment. I’ll have to look at it.”After briefly making submissions on grant of medical bail, Mr. Sibal requested if all the applications in the matter can be taken up together on a specific date.The matter is next listed on 8th May, 2023. Previously, an application for medical bail was considered wherein the Apex Court asked Wadhawan to be taken to AIIMS for a check-up to ascertain his claims of medical ailments. The ASG submitted that the said application is still pending before the Apex Court. According to him, the AIIMS had given a report that Wadhawan was not suffering from any serious ailments. Kapil Wadhawan, along with his brother, Dheeraj Wadhawan, was first arrested in April 2020 by the Central Bureau of Investigation (CBI) in connection with the Yes Bank-DHFL financial fraud and has been behind bars since then. The present applicant, Kapil Wadhawan, is currently lodged at Tihar Jail in New Delhi.[Case Title: Enforcement Directorate, Government of India v. Kapil Wadhawan And Anr. Crl A No 701-702/2020]Click Here To Read/Download Order

Thinking Of Filing Review Against Judgment That Incomplete Chargesheet Won't Deprive Accused Of Default Bail : ASG Tells Supreme Court

Sohini Chowdhury

Tags