SUNNY BATHIJA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present bail application has been moved on behalf of Sunny Bathija through his wife as Parokar under Sec. 439 read with Sec. 482 Cr. P.C. in FIR No. RC2242022A0001 dtd. 20/6/2022 under Sec. 120B/409/420/477-A of IPC R/w 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1998 registered by CBI. (A) PREFACE

(2.) The factual matrix of the case in brief is that the present FIR No. RC 2242022A0001 was registered by Respondent-CBI, AC-VI, New Delhi on 20/6/2022based on a written complaint dtd. 11/2/2022 of Sh. Vipin Kumar Shukla, DGM and Branch Head, Union Bank of India, Nariman Point, Mumbai against M/s Dewan Housing Finance ( hereinafter referred to as 'DHFL'), Kapil Wadhawan, the then Chairman and Managing Director of DHFL, Dheeraj Wadhawan, Director of DHFL, Shri Sudhakar Shetty, M/s Amaryllis Realtors LLP (hereinafter referred to as 'ARLLP'), M/s Gulmarg Realtors LLP (hereinafter referred to as 'GRLLP'), M/s Skylark Buildcon Pvt. Ltd., M/s Darshan Developers Pvt. Ltd., M/s Sigtia Constructions Pvt. Ltd., M/s Creatoz Builders Pvt. Ltd., M/s Township Developers Pvt. Ltd., M/s Shishir Reality Pvt. Ltd., M/s Sunblink Real Estate Pvt. Ltd. and other unknown persons including public servants for the commission of offences punishable u/s 120-B r/w 409, 420 and 477A of IPC and Sec. 13(2) r/w 13(1)(d) of PC Act, 1988 (as amended in 2018). As per the status report, the allegations as made out in the FIR are that the co-accused Kapil Wadhawan and Dheeraj Wadhawan in conspiracy with others were involved in siphoning off public funds. It has been stated that the modus operandi of the Wadhawan brothers, was that they lent significant amounts of loans ranging in hundreds of crores to different entities owned/controlled by different individuals including their own employees in the garb of corporate loans and later on siphoned the same for their own personal gains and creation of assets in their own names and/or in the names of their family members/entities related to them. It has been stated that some of the funds were also routed to foreign countries for the creation of such assets. Using this modus operandi, Kapil Wadhawan and co-accused Dheeraj Wadhawan, in pursuance of a larger criminal conspiracy involving other persons as well, caused a loss of Rs.334000.00 crores approx. to the consortium of 17 banks.

(3.) After investigation, CBI filed the charge sheet in the Court of Learned Special Judge (P.C. Act), CBI-08, Rouse Avenue Court, New Delhi on 15/10/2022. CBI stated in the charge sheet that further investigation is ongoing against numerous other persons and entities and the supplementary charge sheet will be filed later on.