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Kapil Wadhawan – Appellant
Versus
Central Bureau Of Investigation – Respondent
| Table of Content |
|---|
| 1. final decision on bail conditions. (Para 2 , 9 , 25) |
| 2. accused's charges and procedural history. (Para 3 , 4) |
| 3. arguments related to document inspection and bail denial. (Para 5 , 6 , 7 , 8 , 10) |
| 4. principles of bail jurisprudence. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. interpretation of bail provisions and implications. (Para 20 , 21 , 22 , 23) |
ORDER :
2. The instant appeals have been filed assailing the orders dated 04.08.20251[Bail Application No. 3640/2024] and 16.09.20252[Bail Application No. 3462/2025] of the High Court of Delhi rejecting the application for grant of regular bail, inter-alia praying for their release.
4. Facts in brief are that the appellant was the Managing Director of M/s. Dewan Housing Finance Limited (DHFL) which is a Non-Banking Financial Company (NBFC), which had availed loan and credit facility to the tune of Rs. 57,252 crores. As alleged, an amount of Rs. 34,926 crores had been siphoned off by the appellant by making shell companies. CBI investigated the matter and filed supplementary chargesheet arraying 40 individual accused persons and 70 companies, totaling to 110 accused, coupled with 736 witnesses to be examined. It
The Court emphasized the right to a speedy trial under Article 21, asserting that undue delays in trial violate this right and warrant bail, even for serious offenses.
The right to a speedy trial under Article 21 mandates release under Section 436-A of the CrPC after serving half of the maximum imprisonment period, regardless of the nature of the offence.
The right to a speedy trial under Article 21 of the Constitution mandates that an undertrial cannot be detained beyond half of the maximum sentence without trial, warranting bail under Section 436-A ....
The right to a speedy trial under Article 21 of the Constitution mandates that an undertrial cannot be detained beyond one-half of the maximum imprisonment period without trial, leading to bail being....
PMLA Section 45 twin conditions relaxable by constitutional courts for bail if prolonged custody (over 2 years) and unlikely timely trial violate Article 21, absent accused delay, with voluminous doc....
(1) Bail Application – In case of delay coupled with incarceration for a long period and depending on nature of allegations, right to bail will have to be read into Section 45 of PMLA and Section 439....
The court emphasized the right to bail in economic offences, balancing the seriousness of charges with the presumption of innocence and the right to a speedy trial under Article 21.
The judgment established the fundamental right to speedy trial as a part of the right to life and liberty under Article 21 of the Constitution. It also emphasized the principles of bail, including th....
The court reinforced the principle of timely trials, finding entitlement to bail under Section 480(6) of B.N.S.S. due to significant delay not attributable to the accused, thus safeguarding individua....
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