Court Grants Medical Bail to Dheeraj Wadhawan Amid Serious Health Concerns

Background

Dheeraj Wadhawan , a promoter of Dewan Housing Finance Corporation Limited (DHFL), faced serious charges including criminal conspiracy and corruption, leading to significant financial losses for a consortium of banks. He had been in judicial custody since July 2022 and sought bail on medical grounds due to multiple chronic ailments, including ischemic heart disease and chronic kidney disease.

Arguments

Wadhawan 's legal team argued that he required constant medical supervision and treatment for his serious health conditions, which could not be adequately provided in jail. They highlighted his extensive medical history, including multiple surgeries and frequent hospital visits. Conversely, the Central Bureau of Investigation (CBI) contended that Wadhawan was not currently in a critical medical condition and could be treated as an outpatient in jail.

Court's Analysis and Reasoning

The court examined medical reports from various hospitals, including AIIMS and Lilavati Hospital , which indicated that while Wadhawan did not require hospitalization, he needed regular follow-ups and treatment from specialists. The court emphasized that the right to medical treatment is fundamental and that the applicant's health conditions warranted consideration for bail, despite the availability of medical facilities in Tihar Jail.

Decision

Ultimately, the court granted Wadhawan bail, stating that he fell within the category of a "sick person" as per the legal provisions. The decision underscored the importance of ensuring that individuals in custody receive appropriate medical care, particularly when their health is at risk. The court set specific conditions for his bail, including regular attendance at trial and restrictions on travel.