MUMBAI: The remand hearing of arrested Pune businessman Avinash Bhosale, in a rare development, was adjourned for three days after his lawyer said the arrest was “illegal” as the CBI court had not passed any order. Terming the circumstances “peculiar”, the court said Bhosale will be kept in the CBI’s BKC guesthouse till then.
Bldr remand hearing pushed, will stay in CBI guesthouse
In a rarity, the remand hearing of arrested Pune businessman Avinash Bhosale was adjourned on Friday by three days after his lawyer said the arrest was "illegal".
Advocate Vijay Aggarwal questioned the arrest, submitting that earlier the CBI court had not passed any order granting the agency permission to continue the probe after submitting the chargesheets and that the charges were already framed against two accused.
Special Judge D P Shingade said the "circumstances were peculiar" and granted CBI time to submit its written reply on Monday. The special judge also noted that the court's timing was over for the day and that the next two days were holidays.
In the interim, the court said Bhosale will be kept in the CBI's guesthouse at BKC as suggested by the prosecution and agreed to by the defence. Among other options suggested by Bhosale's lawyer were house arrest at his residence in Worli or a five-star hotel, St Regis, where he said two interconnect rooms could be booked-one for the accused and other for the investigating team to keep vigil.
During the remand hearing on Friday, CBI's special public prosecutor J K Sharma sought Bhosale's 10-day custody on the grounds that he received Rs 69 crore from DHFL in 2018 in the garb of consultancy services. However, no such services were provided, Sharma submitted.
One more builder, Satyam Tandon, was arrested in the case and remanded to judicial custody. Tandon will be sent to J J Hospital due to his mental health issues. His lawyer submitted that he was suicidal, under depression and needed care.
CBI is probing a Yes Bank loan fraud case allegedly involving DHFL that was registered in March 2020 and on Thursday it arrested Bhosale and Tandon in the case.
During the remand hearing of Bhosale, his defence team comprising advocates Vijay Aggarwal, Dhawal Mehta and Rahul Agarwal, raised questions about his arrest after stating "charges have been framed against two other accused, as such trial has begun in the matter, therefore the further investigation in the matter is itself illegal."
CBI had filed first chargesheet in June 2020 against DHFL promoters Kapil, Wadhawan, Dheeraj Wadhawan along with others including Yes Bank co-founder, Rana Kapoor and his daughter Roshini Kapoor. After the probe, CBI filed another chargesheet (supplementary) in July 2021 against Kapil, Dheeraj, Rana, Roshini, and Rana's wife Bindu, their other daughter Radha, Rajeev Anand, former Group President of Yes Bank along with others. The CBI kept open further investigation in the case, "to ascertain the end use and misappropriation of funds."
