New Delhi [India], August 30 (ANI): A Delhi CBI court has issued a show cause notice to Jalaj Batra, one of the accused in the Rs 34,000 crore DHFL scam case, regarding the potential cancellation of his bail. This action follows allegations that Batra made false submissions and misled the court.
On Wednesday, Special CBI Judge Ashwani Kumar Sarpal expressed displeasure towards Jalaj Batra for involving a third party and making incorrect submissions to secure bail and exemption from personal appearance in the CBI vs. Kapil Wadhawan DHFL scam case.
The court noted that the accused, Jalaj Batra, was summoned by the court on May 16, 2024. Allegations against Batra were that he indulged in share trading to raise multiple crores. As equity for DHFL through various companies, which was in fact provided by DHFL and increased volume of DHFL shares in the stock market and to increase the DHFL share price.
However, he was granted bail by the Court on personal bond and surety, though he did not appear before the Court physically but through VC.
Court noted that on 28.08.24, an advocate, on instructions of third party, made an application under SECTION 379 BNSS (SECTION 340 OF OLD CR.P.C.), bringing into light the facts before the Court, that the accused already has a LOC issued against him for having been named in different FIRs for the offences of cheating and forgery and further stated that since he is wanted in the other cases, he has run away from India, and that he will not appear personally before this Court.
Accordingly, it was prayed that since the accused deliberately withheld the information of having been named in other FIRs and LOC issued against him and gained bail by making false submissions. Hence his bail be cancelled and be directed to appear before the Court.
Further, despite heavy opposition from the counsel for the accused, that a third party has no locus and 379 BNSS is only between the parties and the Court, the Court held that “The objection raised in this application that no third person can give information to the court regarding any accused about his misdeeds or furnishing false information was rejected by holding that anyone can assist the court to reach the right conclusion.”
The counsel for the accused, Jalaj Batra, informed the court that he was in Dubai for the past 18 years and the court is being misled by incorrect submissions
Thereafter, the Court directed the Investigation Officer to verify the facts raised by the counsel for the third party.
Accordingly, the IO filed its report, which proved that the information given on behalf of accused Jajaj Batra by his counsel is incorrect and that an LOC was pending against him and he has left the country in 2022, that is, he has not been in Dubai for the past 18 years.
Taking into consideration the submissions made by the counsel for the third party and the report submitted by the IO, was pleased to issue notice to the accused to show cause as to why his bail granted by this court should not be cancelled. The court also issued notice to the surety of the accused to produce him in court on the next date of hearing, failing which his surety bond shall be forfeited and FDR deposited by him shall be encashed and deposited in a government account. (ANI)
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