Loan fraud: Wadhawan will misuse liberty, says special court while denying bail

The PMLA (Prevention of Money Laundering Act) judge, MG Deshpande, on Friday, however, allowed Wadhawan to undergo angiography/angioplasty at Leelavati Hospital at his own cost

Mumbai: Observing that Dewan Housing Finance Corporation Limited (DHFL) promoter Dheeraj Wadhawan, 44, will possibly misuse the liberty and fate of the ongoing investigation in a loan fraud case at Yes Bank, a special court recently denied bail to the accused on medical grounds and added that if the bail is granted then the CBI case would be unsafe.

Non-executive director of Dewan Housing Finance Limited (DHFL) Dheeraj Wadhawan leaves the ED office in Ballard Estate on Tuesday. HT Photo

The PMLA (Prevention of Money Laundering Act) judge, MG Deshpande, on Friday, however, allowed Wadhawan to undergo angiography/angioplasty at Leelavati Hospital at his own cost. According to the order, which became available on Monday, the special court has asked Wadhawan to return to jail after eight days in view of his earlier overstay in the hospital.

Wadhawan had sought interim bail claiming that he had serious heart-related issues since 2018 and relied on medical records revealing blockage of certain arteries, because of which the left side of his heart was receiving less blood supply. He also stated that in January 2018, he suffered a massive heart attack, requiring an emergency angioplasty in Switzerland, and claimed that he was suffering severe heart-related ailments since then.

Kapil was admitted to the state-run KEM Hospital at the relevant time due to some ailment. Both were discharged immediately after the special court issued them notices and called upon their deans to explain their prolonged hospitalisation.

Besides, CBI prosecutor Avdhut Chimalkar also pointed out that during his stay in the private hospital, Wadhawan conspired with other persons to alienate valuable paintings, which were procured from defrauded loan amounts.

Chimlakar had also pointed out that when Wadhawan was in Lucknow and later in Delhi, he was treated at DDU Hospital, Safdarjung Hospital and AIIMS, New Delhi. It was brought to the court’s notice that Wadhawan had refused treatment at AIIMS and sought discharge even after he was informed about his health condition. “If the applicant in such a situation on his own did not avail the best treatment offered to him by reputed medical institutions in Delhi, can he allege that his health is deteriorating, and interim bail is the only remedy to restore his health,” the court observed.

“The conduct of Wadhawan of misusing previous hospitalisation is shocking, serious and detrimental to the case of the prosecution. Therefore, I am of the firm opinion that on such medical grounds, temporary/interim bail cannot be granted to the person like the applicant,” the court observed while rejecting his interim bail plea.

“Nowadays, medical science has become more advanced, and the procedures for widening arteries etc. for such ischemia can be successfully done, within a short span of time. Sometimes a patient, after having undergone such procedures, can be discharged on the same day, and some conditions securing discharge of the applicant from the hospital can be imposed to avoid previous episodes,” the court said, restricting his hospitalisation to eight days from the day he would be admitted.