Bombay HC Grants Bail to DHFL's Wadhwan Brothers in Yes Bank Case

The Bombay High Court granted bail to DHFL promoters Kapil and Dheeraj Wadhwan in the 2020 Yes Bank money laundering case, citing their prolonged incarceration and the uncertainty of the trial's commencement. Justice Milind Jadhav, in a single-bench ruling on Wednesday, approved their release on a bond of Rs. 1 lakh each. 

The court noted that the Wadhwans had been in custody for nearly four years and nine months, with no indication that the trial would begin soon. It emphasized that extended pre-trial detention violates the fundamental right to a speedy trial under Article 21 of the Constitution.

Justice Jadhav stated that further imprisonment was unnecessary at this stage and granted bail without delving into the case's merits. 

Considering the status of the trial and the remote possibility of its conclusion in the near future, the court found sufficient grounds to release the accused. The Wadhwans are charged with offences carrying a maximum penalty of seven years. Since their detention in May 2020, they have already served more than half of this potential sentence, the bench observed. 

The court also reviewed orders from the special court designated to conduct the trial. It pointed out that delays in proceedings were not solely the applicants' fault. Despite the Enforcement Directorate (ED) filing draft charges in May 2023, even the formal framing of charges had not yet occurred. Given these circumstances, the High Court deemed their continued incarceration unjustified and granted them bail.