The Supreme Courtroom on Wednesday cancelled the bail granted to former DHFL promoters Kapil Wadhawan and his brother Dheeraj within the multi-crore rupees financial institution mortgage rip-off case.
A bench of Justices Bela M Trivedi and S C Sharma stated the excessive court docket and the trial court docket dedicated error in granting bail to them.
“Now we have no hesitation that the cost sheet having been filed and cognisance being taken in due time, respondents couldn’t have claimed statutory bail with no consideration,” the bench stated.
Below the Code of Prison Process (CrPC), an accused turns into entitled for grant of statutory bail if the probe company fails to file the cost sheet on conclusion of the investigation in a prison case inside 60 or 90 days interval.
On this case, the CBI filed the cost sheet on the 88th day after registration of the FIR and the trial court docket granted default bail to the accused and the Delhi Excessive Courtroom upheld the order.
The Wadhawan brothers had been arrested on this case on July 19 final 12 months. The excessive court docket, nonetheless, had clarified it didn’t go into the deserves of the case.
The cost sheet was filed on October 15, 2022 and cognisance was taken.
The FIR within the case was based mostly on a grievance made by the Union Financial institution of India.