HC grants interim medical bail to DHFL former promoter Dheeraj Wadhawan for spinal surgery

Mumbai: The Bombay High Court granted interim medical bail to Dheeraj Wadhawan, former promoter of Dewan Housing Finance Limited (DHFL), permitting him to undergo spinal surgery at Lilavati Hospital in Mumbai

Mumbai: The Bombay High Court granted interim medical bail to Dheeraj Wadhawan, former promoter of Dewan Housing Finance Limited (DHFL), permitting him to undergo spinal surgery at Lilavati Hospital in Mumbai. The granted bail spans eight weeks, during which Wadhawan is directed to remain in the hospital. The decision is based on a comprehensive medical report from Lilavati Hospital, outlining the need for immediate surgical intervention.

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The report sought information about Wadhawan’s several medical issues, such as the operation of the lumber, his kidney issue, and the functioning of his heart. The report was submitted on December 7.

Wadhawan, currently incarcerated for his involvement in the multi-crore Yes Bank fraud, sought urgent medical bail on November 29, citing health issues requiring surgical attention. A special court in Mumbai rejected Wadhawan’s plea for medical bail, stating misuse of hospital privileges during his hospital stay in 2021. Nevertheless, it allowed Wadhwan to undergo an angioplasty at his own expense.

According to his counsel, senior advocate Amit Desai, Wadhawan has been undergoing treatment for several illnesses since his arrest in 2020. He has a history of cardiac issues and underwent angioplasty under the orders of a special court in the same hospital. Even though the court has recognised his rights to be treated by his physician, bail needs to be allowed, he submitted.

He also mentioned that his doctors are the only ones who can effectively treat his kidney and cardiac issues, which require constant monitoring during his hospital stay. Also, since he has already secured bail from other courts, such as Lucknow and Delhi courts, the present CBI remains the sole hurdle preventing him from obtaining the necessary medical attention, Desai said.

The medical bail sought by Wadhawan is for three to four weeks, including pre-and post-operative procedures. “He has to be admitted five days before the surgery. After surgery, he might have to spend 2 or 3 days in the ICU. Later, he will have to go through post-operative procedures, including physiotherapy, for a few weeks. We are also hoping to look into his kidney issues during this time. However, it can’t be undertaken simultaneously. The court can monitor medical conditions and then decide how much time is required”, Desai submitted.

The CBI, however, opposed any relief, citing previous instances of misuse during Wadhawan’s hospital stay in 2021, including unauthorised meetings and attempted monetisation of crime proceeds. Despite the opposition, the Bombay High Court granted Wadhawan’s bail plea, considering the urgency of the spinal surgery.

Dheeraj Wadhawan was arrested by the CBI in April 2020 in connection with the Yes Bank-DHFL fraud. The case alleges that between April and June 2018, Yes Bank invested ₹3700 crore in non-convertible debentures of DHFL, with Wadhawan purportedly paying a kickback of ₹600 crore to Rana Kapoor and his family. Currently under trial, Wadhawan is serving as an undertrial in Taloja jail.