Mumbai: The Bombay high court on Tuesday directed the Central Bureau of Investigation (CBI) to file a response to a petition filed by former ICICI Bank MD and CEO Chanda Kochhar and her husband Deepak Kochhar, seeking interim release on account of their only son’s wedding scheduled for January 15 and cancellation of remand.
The division bench of justice Revati Mohite Dere and justice P K Chavan, which was hearing the petition, was informed by senior advocates Amit Desai and Vikram Chaudhari for Chanda and Deepak, respectively, that the couple were arrested four years after the FIR was registered against them. The lawyers added that the Kochhars were arrested in violation of section 41A of the Code of Criminal Procedure (CrPC) as the investigating officer did not issue a notice of appearance before arresting them.
The lawyers further submitted that as the wedding function of their son was to be held from this weekend and they should be granted interim release.
The bench noted that the couple had been in judicial custody since their arrest on December 23 and they could apply for bail. The counsels, however, informed the HC that no bail application was filed till now.
Thereafter, Chaudhari submitted that Deepak had been granted bail by the HC in the Prevention of Money Laundering Act (PMLA) case registered by the Enforcement Directorate (ED) based on the CBI FIR. Chaudhari also said that Deepak had been in custody for six months before being released on bail in the case.
{{/usCountry}}Thereafter, Chaudhari submitted that Deepak had been granted bail by the HC in the Prevention of Money Laundering Act (PMLA) case registered by the Enforcement Directorate (ED) based on the CBI FIR. Chaudhari also said that Deepak had been in custody for six months before being released on bail in the case.
{{/usCountry}}Desai then submitted that in the money laundering case, the ED had made a statement that Chanda’s custody was not required, but she was arrested by the CBI, which showed arbitrariness. Both the counsels sought the couple’s release, claiming that their arrest by CBI was illegal.
The court, however, said that the CBI should be given a chance to respond to the petition and directed the agency to file its reply by Friday. The HC posted the hearing to Friday.
The Kochhars were arrested on December 23 in Delhi over alleged irregularities while providing loans to six firms of Videocon Group.
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