Court rejects Nirav Modi aide's plea to quash warrant in PNB fraud case
MUMBAI, Oct. 20 -- Holding that an accused cannot evade legal proceedings for years and then seek relief, a special CBI court on Monday rejected Mihir Resham Bhansali's plea to cancel a non-bailable warrant issued against him in a Rs.6,498-crore tranche of the PNB fraud case linked to fugitive diamantaire Nirav Modi. The court noted that Bhansali had remained absconding for years despite knowing about the proceedings.
Special judge Subhash K Karhale observed that Bhansali had deliberately stayed outside India and evaded the legal process. The court noted that his trial was separated in November 2023 due to his continued absence, a proclamation had been issued against him and his passport had been revoked.
Bhansali, through his advocate Mudit Jain, argued that he had been living in the US since 2005 and held a Green Card. He contended that neither the CBI nor the court had served him summons in the US and alleged that the agency had failed to follow the Union ministry of home affairs' guidelines for serving legal notices abroad. He also cited relief granted to co-accused Sunil Verma, but the court said Verma's case involved different circumstances.
Opposing the plea, CBI special public prosecutor Limosin A argued that Bhansali knew about the fraud and his alleged role in it but had evaded arrest. The agency said it had pursued extradition and deportation to bring him back to India and argued that the warrant should remain in force.
The court noted that notices asking Bhansali to appear were issued in May and September 2019, followed by email correspondence and summons in December that year. A non-bailable warrant was issued against him in June 2020. It observed that Bhansali had known about the case since 2018 but had failed to appear, adding that he could not benefit from his own conduct.
"The applicant-accused has remained absconding for several years and hence he cannot be allowed to remain present before this Court through video conferencing," the judge observed.
The CBI's case relates to 150 fraudulent LoUs worth Rs.6,498 crore issued through PNB's Brady House branch in 2017. Bhansali, named in the supplementary charge sheet filed in 2019, faces charges of conspiracy, cheating, criminal breach of trust and offences under the Prevention of Corruption Act.
The case is part of the wider Rs.13,000-crore PNB fraud involving Nirav Modi and others....
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