The Bombay High Court has reserved order in the bail pleas filed by Yes Bank founder, Rana Kapoor’s wife Bindu Kapoor and daughters Roshni Kapoor, and Radha Kapoor Khanna who were taken in custody on September 18.
Justice Bharati Dangre will pronounce the order in the bail pleas on September 28.
The CBI has opposed their bail pleas stating that they were taken in custody for securing their presence for the purpose of trial in an alleged corruption and cheating case involving private sector lender DHFL.
The CBI was replying to the bail applications filed by the Kapoor women challenging the order of the special CBI court refusing them bail in the case and remanding them to judicial custody.
CBI counsel, Hiten Venegavkar, had said that the three had been taken in custody only for the purpose of securing their presence during the trial. Hence they were arrested and sent to judicial custody. Besides, the special court had the discretion to reject the bail pleas, contended Venegavkar.
After taking cognisance of the chargesheet, the special court has powers under the Criminal Procedure Code to send the accused to custody till the trial commences.
Bindu Kapoor and Radha Kapoor Khanna’s counsel, Mahesh Jethmalani, argued that the accused were arrested and sent to judicial custody under special circumstances where there are chances of them (accused) absconding. Roshni’s counsel, Amit Desai argued that at the time of taking cognisance of the chargesheet, summons are issued to the accused to ensure that s/he faces trial. On receiving the summons, the trio had appeared before the court and as per directions had filed bail applications, added Desai.
The counsels pointed out that the three ladies have cooperated with the investigation throughout and would continue to do so.
On September 18, the special CBI court, refused to grant the trio bail stating that prima facie loss of Rs 4,000 crore was caused to the bank through illegal acts. The special court, while remanding them to 14-day judicial custody, observed said the three did not deserve any sympathy for being women or the mother of small kids.
They are presently lodged at the Byculla women’s prison.
At present, Rana Kapoor is in custody for a case being probed by the Enforcement Directorate.
According to the CBI, Kapoor had entered into a criminal conspiracy with DHFL’s Kapil Wadhawan.
The CBI stated that between April and June 2018, Yes Bank invested Rs 3,700 crore in short-term debentures of DHFL. In return, DHFL allegedly paid a kickback of Rs 900 crore to Kapoor in the form of loans to one DoIT Urban Ventures, a firm controlled by Kapoor’s wife and daughters.
