Mumbai: A special Central Bureau of Investigation (CBI) court: A practical reader guide

Mumbai: A special Central Bureau of Investigation (CBI) court: A practical reader guide

Mumbai: A special Central Bureau of Investigation (CBI) court on Saturday granted bail to former Union Bank of India chairman and managing director Arun Tiwari in a ₹ 50-crore bank fraud case. Tiwari is accused of abusing his position and consciously violating the bank’s guidelines while sanctioning and subsequently ratifying credit facilities to a private company, Excel Metal Processors Pvt Ltd.

The defence argued that his physical custody was no longer required as the investigation had been completed and the charge-sheet filed.

Tiwari, represented by advocates Ejaz Khan and Harsh Mall, opposed the allegations and sought bail, pointing out that he had cooperated with the investigation, had never been arrested and had appeared before the court after being summoned.

The CBI had registered the case against Tiwari on March 9, 2020 on the basis of a complaint by Rajiv Mishra, then deputy general manager of Union Bank, according to the order by special judge PB Ghuge. Judge Ghuge accepted the defence plea, noting that documents relating to the letters of credit, credit facilities and collateral securities had already been seized from financial institutions and that Tiwari had participated in the investigation.

The court observed that it was the “settled legal position” that after filing of the charge-sheet, particularly where an accused had not been apprehended during investigation and had remained available to the investigating agency, bail could be granted subject to conditions ensuring his presence during trial. “The application accordingly deserves to be allowed,” the court said.