[SBI Loan Scam] Delhi High Court grants transit anticipatory bail to Alok Dhir of Dhir & Dhir Associates

The Delhi High Court on Wednesday granted transit anticipatory bail to the founder and managing partner of law firm Dhir and Dhir Associates, Alok Dhir in connection with an alleged loan scam involving ex-chairman of State Bank of India (SBI), Pratip Chaudhuri. (Alok Dhir vs. State of NCT of Delhi).Single-judge Justice Subramonium Prasad ordered that Dhir and co-accused Sasi Madathil shall not be arrested till November 9 so that they can approach competent court to avail their legal remedies."The petitioners be not arrested till November 9, 2021 to enable the petitioners to approach the competent court and avail of their legal remedies in accordance with law. It is made clear that this order shall cease to be in operation after November 9, 2021. It is also made clear that this Court has not made any observations on the merits of the case," the order said.The present case arose from a first information report (FIR) registered in the year 2015 in connection with Jaisalmer Hotel Project, which was financed by SBI in 2007.The police had conducted investigation and a closure report was filed.Thereafter, the complainant filed a protest petition which was allowed by the Chief Metropolitan Magistrate (CMM) of Jaisalmer, Rajasthan by an order dated February 12, 2020 on the ground that cognizable offences against the petitioners were made out under Section 420, 409 and 120B of the Indian Penal Code.The CMM had directed that after compliance with Section 204 CrPC, the petitioners must be summoned through an arrest warrant.Pursuant to the order dated February 12, 2020, non-bailable warrants were issued against the petitioners.The CMM had also ordered the arrest of Pratip Chaudhuri, the ex-chief of SBI in connection with the same case. Earlier this week, the Chief Judicial Magistrate at Jaisalmer had rejected his bail plea..The petitioners had then moved Delhi High Court for interim protection so that they can approach appropriate court in Rajasthan for anticipatory bail..Senior Advocate Abhishek Manu Singhvi, appearing on behalf of Alok Dhir and Sasi Madathil, informed the Court that the petitioners were apprehending arrest because their co-accused, Pratip Chaudhuri had been arrested on October 31, 2021, from Delhi. He also stated that the courts in Rajasthan were closed for Diwali vacation and would open on Monday i.e. November 8, 2021. Singhvi, therefore, requested for the grant of transit bail for the petitioners so as to allow them recourse to legal remedies available to them, before the competent court at Jaisalmer.On the other hand, Additional Public Prosecutor Amit Chadha on behalf of the State, opposed the plea stating that there was nothing to show that the Rajasthan Police had entered Delhi to arrest the petitioner, and, therefore, there existed no apprehension of arrest. He stated that the application was thus premature in nature..The Court stated that considering the fact that the co-accused Pratip Chaudhuri in the case was arrested on October 31 in Delhi, there was a reasonable apprehension that the petitioners in the present case could be arrested."It is pertinent to note that the FIR was registered in the year 2015. The order directing the production of the petitioners through arrest warrants was passed vide order dated February 12, 2020," the Court said in this regard.The Court also affirmed that there was nothing on record to show that the accused were absconding from February 2020 till October 2021. Further, the Court added that the evidence was all documentary in nature, and that there was no threat of the petitioners tampering with the same."In view of the above, this Court is inclined to grant transit bail to the petitioners till November 9, 2021," the Court ordered while disposing of the plea..[Read Order]