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While confirming the bail given to Chanda and Deepak Kochhar, the Court said the CBI has been unable to demonstrate the existence of circumstances or supportive material based on which the decision to arrest was taken

'Abuse of power': Bombay HC slams CBI on 'illegal' arrest of Chanda Kochhar and Deepak Kochhar

<h2>While confirming the bail given to Chanda and Deepak Kochhar, the Court said the CBI has been unable to demonstrate the existence of circumstances or supportive material based on which the decision to arrest was taken</h2>

The Bombay High Court has strongly criticised the Central Bureau of Investigation (CBI) for the arrest of former ICICI Bank chief Chanda Kochhar and her husband Deepak Kochhar in an order that was made available on February 19th . The High Court, while terming the arrest 'illegal', went on to call the course of action, an "abuse of power"&nbsp;
The division bench of Justices Anuja Parbhudessai and NR Borkar observed: &ldquo;Such routine arrest without application of mind and due regard to the law amounts to an abuse of power and does not satisfy the requirement of Section 41A(3) CrPC.&rdquo;
<h3>Bail for Kochhars upheld</h3>
The division bench on February 6 had held the Kochhars' arrest as illegal and confirmed the bail given to the duo in January 2023 by another bench's interim order.
Also Read: <a href="https://www.editorji.com/india-news/interim-relief-for-chanda-kochhar-husband-bombay-hc-orders-release-says-cbi-arrest-not-as-per-law-1673242341359">Interim relief for Chanda Kochhar, husband: Bombay HC grants bail, says CBI arrest not as per law</a>
The CBI had contended that Chanda and Deepak Kochhar did not cooperate with the interrogation leading to the arrest. Meanwhile, the Bombay HC dismissed the agency's contention on the basis that the accused "had a right to remain silent during interrogation".
<h3>Court slams CBI</h3>
The couple was arrested by the CBI on December 23, 2022, in connection with the Videocon-ICICI Bank loan case.
They immediately moved the HC challenging their arrest and sought it to be declared as illegal. By way of an interim order, they also sought to be released on bail.
On January 9, 2023, the HC, in its interim order, granted bail to the duo after coming down heavily on the CBI for making the arrest in a "casual and mechanical" manner and without application of mind.
The bench noted that section 41A of the Criminal Procedure Code (CrPC) was introduced to avoid routine arrests. This section limits the power to arrest when the accused complies with the notice to appear for questioning. It also mandates that arrests can only be made when the police are absolutely sure.
The agency was within its power to question the accused, but its actions were not "wholly immune from judicial reviewability", the court noted. "The court can consider whether the reasons for deprivation of liberty are rational, reasonable or fanciful," it added.
<h3>Videocon Loan case</h3>
Apart from the Kochhars, the CBI had also arrested Videocon group founder Venugopal Dhoot in the case. He, too, was granted bail by the HC in January 2023 in its interim order.
The central agency has alleged that ICICI Bank had sanctioned credit facilities to the tune of Rs 3,250 crore to Videocon Group companies promoted by Dhoot in violation of the Banking Regulation Act, Reserve Bank of India guidelines and credit policy of the private sector lender.
The CBI had named Chanda Kochhar, Deepak Kochhar as well as Dhoot along with Nupower Renewables (NRL), managed by Deepak Kochhar, Supreme Energy, Videocon International Electronics Ltd and Videocon Industries Ltd as accused in the FIR registered in 2019 under Indian Penal Code sections related to criminal conspiracy and provisions of the Prevention of Corruption Act.
The central agency has alleged that ICICI Bank, when it was headed by Chanda Kochhar, sanctioned credit facilities to the tune of Rs 3,250 crore to these companies in violation of norms.
It further alleged that as a part of quid pro quo (a favour granted in return for something), Dhoot made an investment of Rs 64 crore in Nupower Renewables through Supreme Energy Pvt Ltd (SEPL), and transferred SEPL to Pinnacle Energy Trust managed by Deepak Kochhar through a circuitous route between 2010 and 2012
&nbsp;

The court said that arrest of the Kochhars violated Section 41A of the Code of Criminal Procedure (CrPC).

Interim relief for Chanda Kochhar, husband: Bombay HC grants bail, says CBI arrest not as per law

ICICI Bank ex-CEO to be released from custody Chanda Kochhar, husband's release ordered Bombay HC said CBI arrest not as per law: reports
&nbsp;

Interim relief for Chanda Kochhar, husband: Bombay HC orders release, says CBI arrest not as per law

The court said that arrest of the Kochhars violated Section 41A of the Code of Criminal Procedure (CrPC).

Former CEO of ICICI Bank Chanda Kochhar and her husband Deepak Kochhar secured interim relief after the Bombay High Court granted them bail on 9 January 2023.
The court said that arrest of the Kochhars by the Central Bureau of Investigation (CBI) was not as per law, since it violated Section 41A of the Code of Criminal Procedure (CrPC). The section mandates sending notice for appearance before the police officer concerned.
The bench directed the duo to deposit a cash bail amount of Rs one lakh each. The couple's lawyer later said they would now initiate the process before the special CBI court for their release.
The HC said the duo shall cooperate with the probe and attend the CBI office as and when summoned. The court also asked the Kochhars to surrender their passports to the CBI.
The Kochhars were arrested on 23 December 2022 in the ICICI Bank-Videocon loan case. They are presently in judicial custody.
Apart from the Kochhars, the CBI has also arrested Videocon group founder Venugopal Dhoot in the case. He is also in judicial custody.
(With PTI inputs)
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After denying their urgent hearing request, the court asked the duo to approach the judiciary for a regular hearing on January 2. 

ICICI Bank loan case: Bombay High Court rejects Kochhars' urgent hearing request

Setback for Chanda Kochhar, husband as Bombay HC rejects urgent hearing plea on CBI arrest

After denying their urgent hearing request, the court asked the duo to approach the judiciary for a regular hearing on January 2.&nbsp;

Former ICICI Bank CEO Chanda Kochhar and her husband Deepak Kochhar were denied an urgent hearing request by the Bombay High Court on Tuesday.
Kochhar and her husband were arrested by the Central Bureau of Investigation (CBI) on December 23 in an alleged loan irregularities case. The case pertains to an over ₹ 3,000 crore loan provided by ICICI Bank to the Videocon Group when the bank was headed by Kochhar. After denying their urgent hearing request, the court asked the duo to approach the judiciary for a regular hearing on January 2.&nbsp;
The Kochhars had challenged their three-day CBI custody in the Bombay High Court, while also arguing that their arrest is illegal under the Prevention of Corruption Act, saying it is mandatory to receive a sanction of Section 17A of the Act to intiate a probe, which the CBI had not gotten to begin the investigation.&nbsp;
Chanda and Deepak Kochhar are currently being interrogated by the CBI after a Mumbai court remanded them to the probe agency's custody on Saturday.&nbsp;
Also Watch| <a href="Videocon%20loan%20case:%20Mumbai%20court%20remands%20Chanda%20Kochhar,%20husband%20in%20CBI%20custody%20till%20December%2026">Videocon loan case: Mumbai court remands Chanda Kochhar, husband in CBI custody till December 26&nbsp;</a>
On Monday, Venugopal Dhoot, chairman of the Videocon Group was also arrested by the CBI in the same case.&nbsp;
The CBI in 2019 named the Kochhars and Dhoot, along with companies Nupower Renewables (NRL) managed by Deepak Kochhar, Supreme Energy Private Ltd (SEPL), Videocon International Electronics Ltd (VIEL) and Videocon Industries, as accused in the FIR registered under IPC sections related to criminal conspiracy and provisions of the Prevention of Corruption Act.
The probe agency has alleged a sanctioning committee headed by Chanda Kochhar, in 2009, sanctioned a term loan of Rs 300 crore to VIEL in contravention of the rules and policies of the bank by abusing her official position as a public servant.
According to an NDTV report, the ICICI Bank loan was part of ₹40,000 crore loan which Videocon received from a group of 20 banks led by the State Bank of India.&nbsp;
(with PTI inputs)

Videocon loan case: ICICI Bank CEO-MD Chanda Kochhar, husband Deepak Kochhar arrested

The CBI has alleged that they were evasive in their responses and did not cooperate in the investigation.

The CBI on Friday arrested former ICICI Bank CEO and MD Chanda Kochhar and her husband Deepak Kochhar in connection with alleged cheating and irregularities in loans sanctioned by the bank to Videocon Group companies, officials said.
They said the Kochhars were called to the agency headquarters and arrested after a brief questioning session.
The CBI has alleged that they were evasive in their responses and did not cooperate in the investigation.
The Kochhars will be produced before a special CBI court on Saturday.
They are likely to be kept in separate lockups on the ground floor of the 11-storeyed agency headquarters after their medical examination.
Sources said that agency is likely to move at a swift pace to file the first charge sheet in the case in which the Kochhars could be named along with Venugopal Dhoot of Videocon Group.
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The CBI had named the Kochhars and Dhoot, along with companies Nupower Renewables (NRL) managed by Deepak Kochhar, Supreme Energy, Videocon International Electronics Ltd and Videocon Industries Limited, as accused in the FIR registered under IPC sections related to criminal conspiracy and provisions of the Prevention of Corruption Act in 2019, they said.
The CBI had alleged that ICICI bank had sanctioned credit facilities to the tune of Rs 3,250 crore to the companies of Videocon Group promoted by Dhoot in violation of the Banking Regulation Act, RBI guidelines, and credit policy of the bank.

Chanda Kochhar will reportedly be unable to attend the Enforcement Directorate's probe on Monday. She has cited health issues for not appearing before the ED. Kochhar didn't attend questioning the last time either.

chanda kochhar

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