Bombay High Court grants bail to Wadhawan brothers in multi-crore bank scam case
The Wadhawan brothers, who have been in judicial custody, were arrested by the Enforcement Directorate (ED) on May 14, 2022, in connection with alleged financial irregularities linked to Yes Bank and DHFL.
Feb 13, 2025, 21:39 IST
In Short
Bombay High Court grants bail to Kapil and Dheeraj Wadhawan in Yes Bank-DHFL scam
Brothers in custody since May 2022, yet to get bail in another CBI case
Court cites right to speedy trial, they served over half of 7-year max
The Bombay High Court has granted bail to Kapil and Dheeraj Wadhawan, former promoters of Dewan Housing Finance Limited (DHFL), in connection with the 2020 Yes Bank money laundering case. Justice Milind Jadhav, presiding over the case, noted that the brothers have been in custody for nearly four years and nine months, with no imminent prospect of the trial commencing. He emphasized that prolonged detention without trial infringes upon the fundamental right to a speedy trial under Article 21 of the Constitution.
The Wadhawan brothers were arrested in July 2022 for allegedly defrauding a consortium of 17 banks, led by Union Bank of India, resulting in a reported loss of ₹34,615 crore between January 2010 and December 2019. They have been accused of securing loans totaling ₹42,871.42 crore, a significant portion of which was allegedly siphoned off through falsified financial records of DHFL.
In his ruling, Justice Jadhav highlighted that detaining undertrial prisoners for extended periods violates their fundamental rights. He stated, "Applicants in the present case are in custody since 4 years 9 months. There is no possibility of the trial commencing in the near future. Detaining an under-trial prisoner for such an extended period further violates his fundamental right to a speedy trial flowing from Article 21 of the Constitution."
The court granted bail to the Wadhawan brothers on a bond of ₹1 lakh each. This decision underscores the judiciary's commitment to upholding the constitutional right to a speedy trial and ensuring that prolonged pre-trial detention does not infringe upon individual liberties.