[Avantha Case] Bombay High Court clears way for CBI Court to pass orders on anticipatory bail plea of Bindu Kapoor

The Bombay High Court on Friday rejected a plea filed by Bindu Kapoor, wife of Rana Kapoor seeking directions to keep in abeyance the hearing in the anticipatory bail plea filed in the corruption cases related to Dewan Housing Financial Limited (DHFL)..Kapoor submitted that the Supreme Court is seized of the question regarding whether an accused can be taken into custody when he or she appears before the trial court on receipt of summons after filing of chargesheet.She pointed out that she is also an intervenor before the Supreme Court in that matter and cited the same as a ground to defer proceedings in her anticipatory bail plea.Kapoor's counsel had requested the special court to adjourn the anticipatory bail hearing so that the Supreme Court could pass guidelines and she could benefit from the same.However, on January 24, 2022, her application seeking adjournment was rejected by the special court, reasoning that when the application has been argued by both sides, it cannot be adjourned frequently. This order was challenged by Kapoor before the High Court where she sought urgent orders directing the special court to adjourn hearing on her application..CBI opposed the plea on the following grounds: - Withdraw the application before the lower court, if higher forum is approached for relief. If there was certainty that the Supreme Court clarification is going to aid Kapoor, then she could always withdraw the application and re-file once guidelines are out; - Permit the CBI court to pass an order in the anticipatory bail application, which may turn out to her favour; or- Even after the clarification from Supreme Court, Kapoor was required to remain present in court, because of the summoning order. .After hearing submissions of both parties, Justice PD Naik rejected Kapoor's plea which effectively means that the special court is now free to hear and pass orders..Kapoor along with her husband and promoter of Avantha Realty Gautam Thapar are allegedly being investigated by CBI in connection to a loan scam of over ₹1,700 crores. More than a year after the offence was registered by CBI, a chargesheet came to be filed in October 2021 charging the Kapoors, Thapar and two other companies of forgery, cheating and criminal conspiracy. After cognizance was taken, the CBI Court summoned Kapoor to remain present in Court. Apprehending arrest, Kapoor filed an anticipatory bail application on the grounds that the investigation in case was complete and a chargesheet had been filed without her..Ponda along with advocates Stuti Gujral, Siya Chaudhary and Aditya Mithe appeared for Kapoor.Advocate Hiten Venegavkar appeared for CBI.Additional Public Prosecutor Arfan Sait appeared for the Maharashtra government.