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Criminal

Ajay Ramesh Chandra Nawandar vs Central Bureau Of Investigation

Court
Supreme Court of India
Date
31 May 2024
Case No.
BAIL APPLN. 353/2023
Bench
Jyoti Singh
Acts & Sections
CrPC §439 CrPC §482 IPC §120-B IPC §409 IPC §420 IPC §477-A
Headnote AI-drafted · Editorially reviewed
The petitioner filed an application under Section 439 Cr.P.C. read with Section 482 Cr.P.C. seeking regular bail in a CBI case arising out of FIR No. RC 2242022A0001/CBI/AC-VI(SIT)/New Delhi dated 20.06.2022. The case pertains to an alleged bank fraud involving Dewan Housing Finance Corporation Ltd. (DHFL), wherein the Wadhawan Brothers (Kapil and Dheeraj Wadhawan), as CMD and Director respectively, induced a consortium of 17 banks to sanction loans aggregating approximately Rs.42,000 crores, and allegedly siphoned off and misappropriated significant funds by falsifying books of accounts, causing wrongful loss of Rs.34,926.77 crores to consortium lenders between January 2010 and December 2019.

The charge sheet, filed on 15.10.2022, implicated 75 accused persons/companies including the petitioner. The Wadhawan Brothers allegedly incorporated 87 shell companies for diverting funds disbursed by DHFL, with funds used for personal expenses, real estate projects, and acquisition of artworks. The petitioner was alleged to have received two paintings acquired from misappropriated bank funds, and to have directed entry of assignment agreements for such paintings to conceal their origin.

The High Court of Delhi at New Delhi, before Justice Jyoti Singh, considered the bail application in the context of serious allegations of criminal conspiracy, misappropriation of public funds, and offences under the IPC and the Prevention of Corruption Act, 1988. The order reflects the court's examination of the role of the petitioner in the larger conspiracy involving DHFL's massive bank fraud.
Catchwords: bail regular bail bank fraud DHFL Dewan Housing Finance Corporation criminal conspiracy misappropriation siphoning of funds shell companies Non-Performing Assets Prevention of Corruption Act charge sheet CBI consortium banks Non-Convertible Debentures Bandra Books paintings artworks

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Full Judgment Text

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