Accused cannot seek default bail on ground that investigation is pending against others: Supreme Court

“In view of the afore-stated authorized place, we’ve got no hesitation in holding that the cost sheet having been filed in opposition to the respondents-accused throughout the prescribed time restrict and the cognisance having been taken by the Particular Courtroom of the offences allegedly dedicated by them, the respondents couldn’t have claimed the statutory proper of default bail beneath Part 167(2) on the grounds that the investigation qua different accused was pending,” the bench mentioned in its judgement uploaded Thursday.

The highest court docket mentioned there can’t be any disagreement with the properly settled authorized place that the proper of default bail beneath Part 167(2) CrPC isn’t solely a statutory proper however is a proper that flows from Article 21 of the Structure.

“It’s an indefeasible proper, nonetheless it’s enforceable solely previous to the submitting of the challan or the cost sheet, and doesn’t survive or stay enforceable on the challan being filed, if already not availed of. As soon as the challan has been filed, the query of grant of bail must be thought of and determined solely on the subject of the deserves of the case beneath the provisions regarding grant of bail to the accused after the submitting of the challan,” the bench mentioned.

Beneath 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, nevertheless, 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 primarily based on a criticism made by the Union Financial institution of India.

It had alleged that DHFL, its then CMD Kapil Wadhawan, the then director Dheeraj Wadhawan and different accused individuals entered right into a prison conspiracy to cheat the consortium of 17 banks led by the Union Financial institution of India, and in pursuance of the prison conspiracy, the accused and others induced the consortium to sanction large loans aggregating Rs 42,871.42 crore.

A lot of that quantity was allegedly siphoned off and misappropriated by alleged falsification of the books of the DHFL and dishonest default in reimbursement of the authentic dues of the consortium banks, the CBI has claimed.

The complainant has alleged {that a} wrongful lack of Rs 34,615 crore was precipitated to the consortium of banks in as a lot as such was the quantification of the excellent dues as on July 31, 2020.