Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors | Order Dated Wed, 13 Sep 2023

Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors - Order No: 137

Case and Order Information

Case Number: CR Cases/1/2019

Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors

Order Number: 137

Filing Date: Fri, 13 Jul 2018

Order Date: Wed, 13 Sep 2023

Order Description: COPY OF ORDER

Status: Arguments on Charge

Stage: Arguments on Charge

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Order Content

(1) CNR No. DLCT11-000949-2019

CC No. 248/2019 (Old CC Nos. 44/2016 & 03/15)

RC No. 219 2013 (E) 0006; Branch: CBI/EO-I/New Delhi

CBI Vs. M/s. Jindal Steel and Power Ltd. & Ors.

U/s. 120-B IPC, 120-B/420 IPC and

Section 7, 12 and 13 (1) (d) PC Act, 1988

(2) CNR No. DLCT11-000452-2019

CRC No. 01/2019 (Old CRC No. 08/18)

ECIR No. 12/DLZO/2014; Branch: Delhi Zonal Office, Zone-II.

ED Vs. M/s Jindal Steel & Power Ltd & Ors.

Offence u/s 3 and punishable u/s 4 PMLA, 2002

13.09.2023

As directed vide Circular Nos. 01/RG/DHC/2023 Dated 05.06.2023 and 2551/DHC/Gaz./G-2/2022 dated 11.05.2022 of Hon'ble High Court of Delhi issued in terms of W.P. (C) 6432/2022 and CM Appl. 19474-76/2022 titled Raj Gaurav vs Hon'ble High Court of Delhi & Ors dated 11.05.2022 and circulated vide No. 255264/DHC/Gaz./G-2/2022 dated 11.05.2022 and also as communicated vide Orders No. Hybrid Hearing/Gaz./RACC/Gaz./2022/14924C to 14970C dated 17.05.2022 and Hybrid Hearing/Gaz./RACC/Gaz./ 2022/15756-15800-C dated 26.05.2022 of Officer In-Charge (Judl), RACC, New Delhi, the hearing of the present matter is being taken up in hybrid form i.e. physically as well as via Cisco WebEx Platform in the presence of:

Proceedings

Present: Ld. DLA Sh. A.P. Singh for CBI.

Ld. Special PPs Sh. Rajesh Batra, Sh. N.K. Matta and Ld. Advocates Sh. Ansh Singh Luthra, Ms. Sonia Kukreja, Sh. Prabhas Bajaj (all through VC) and Sh. Shikhar Adholia for ED.

Applicant/accused Sh. Gyan Swaroop Garg with Ld. Counsel Sh. Hemant Shah (both through VC).

APPLICATIONS DATED 12.09.2023 ON BEHALF OF THE APPLICANT/ACCUSED SH. GYAN SWAROOP GARG FOR SEEKING PERMISSION TO TRAVEL ABROAD TO SPAIN FROM 23.10.2023 TO 27.10.2023 .

Through these applications, the applicant/accused Gyan

Swaroop Garg has prayed for permission to travel to Spain from

23.10.2023 to 27.10.2023, in connection with his business meetings at Barcelona, Spain.

The applicant/accused has mentioned in these applications the itinerary of his travel, details of the address/Hotel where he would be staying during the period of his aforesaid visit. The applicant has also given his mobile number, where he would be always available/reachable during his travel and stay abroad.

It is mentioned in the applications that applicant undertakes not to dispute his identity for the proceedings conducted in his absence, if any and the applicant has instructed his counsel to appear before this Court and assist the Court in every manner possible.

Replies are not filed by CBI and ED but these applications are opposed.

A perusal of record shows that the accused has traveled abroad on various occasions in the past vide orders dated 18.09.2018, 30.10.2019 and 22.09.2022 and returned to India to face the trial within the stipulated period. Out of the two matters, only in one matter i.e. CC No. 248/2019, prosecution evidence is being recorded and applicant/accused has already undertaken that he will not dispute his identity for proceedings conducted in his absence, if any and has instructed his counsel to appear before this court and assist the court in every manner possible.

Considering the entirety of facts and circumstances, the applicant/accused Sh. Gyan Swaroop Garg is permitted to travel abroad to Spain from 23.10.2023 to 27.10.2023, as prayed.

The conditions for this permission shall be as under:-

    1. He shall furnish FDR for a sum of Rupees Ten Lakh Only (Rs.10,00,000/-) with an undertaking that in case he violates any of the conditions, the amount

deposited in this FDR shall be forfeited in favour of Government of India.

    1. He shall inform to the IO and the Court about his arrival in India mentioning the details of the places visited by him alongwith the other details of the itinerary within seven days of his arrival. The applicant/accused shall also file complete copy of his passport alongwith the copy of Visa in the Court on his return.
    1. He shall not tamper with the evidence nor try to influence any witness in any manner and will not use the permission granted to him so as to hamper the trial in any manner.
    1. This permission shall be subject to other applicable rules and will not be deemed as directions to any authority except the permission from the side of the Court.
    1. His Advocate Sh. Hemant Shah shall undertake to accept notice from the Court/IO, if any, on behalf of the applicant in his absence and shall further undertake that in case the presence of applicant is required during the aforesaid period he shall immediately intimate the applicant and the applicant shall return to India within 48 hours.
    1. He shall intimate the Court about his addresses where he would be staying and his mobile numbers.

Applications are accordingly disposed off.

As prayed, copy of this order be given dasti to Ld. Counsel for applicant/accused.

Matters be listed on their respective next dates of hearing.

(Arun Bhardwaj)

Special Judge, (PC Act) (CBI), Coal Block Cases-01, RADC New Delhi/13.09.2023

CC No. 248/2019 (Old CC Nos. 44/2016 & 03/15)

CBI Vs. M/s. Jindal Steel and Power Ltd. & Ors.

ED Vs. M/s Jindal Steel & Power Ltd & Ors.

As directed vide Circular Nos. 01/RG/DHC/2023

Dated 05.06.2023 and 2551/DHC/Gaz./G-2/2022 dated 11.05.2022 of

Hon'ble High Court of Delhi issued in terms of W.P. (C) 6432/2022

and CM Appl. 19474-76/2022 titled Raj Gaurav vs Hon'ble High

Court of Delhi & Ors dated 11.05.2022 and circulated vide No. 2552-

64/DHC/Gaz./G-2/2022 dated 11.05.2022 and also as communicated

vide Orders No. Hybrid Hearing/Gaz./RACC/Gaz./2022/14924C to

14970C dated 17.05.2022 and Hybrid Hearing/Gaz./RACC/Gaz./

2022/15756-15800-C dated 26.05.2022 of Officer In-Charge (Judl),

RACC, New Delhi, the hearing of the present matter is being taken up

in hybrid form i.e. physically as well as via Cisco WebEx Platform in

the presence of:

Ld. Special PPs Sh. Rajesh Batra, Sh. N.K. Matta and Ld.

Advocates Sh. Ansh Singh Luthra, Ms. Sonia Kukreja,

Sh. Prabhas Bajaj (all through VC) and Sh. Shikhar

Adholia for ED.

Applicant/accused Sh. Gyan Swaroop Garg with Ld.

Counsel Sh. Hemant Shah (both through VC).

APPLICATIONS DATED 12.09.2023 ON BEHALF

OF THE APPLICANT/ACCUSED SH. GYAN SWAROOP GARG

FOR SEEKING PERMISSION TO TRAVEL ABROAD TO

SPAIN FROM 23.10.2023 TO 27.10.2023.

Page 1 of 3

23.10.2023 to 27.10.2023, in connection with his business meetings at

Barcelona, Spain.

The applicant/accused has mentioned in these

applications the itinerary of his travel, details of the address/Hotel

where he would be staying during the period of his aforesaid visit. The

applicant has also given his mobile number, where he would be

always available/reachable during his travel and stay abroad.

It is mentioned in the applications that applicant

undertakes not to dispute his identity for the proceedings conducted in

his absence, if any and the applicant has instructed his counsel to

appear before this Court and assist the Court in every manner possible.

Replies are not filed by CBI and ED but these

applications are opposed.

A perusal of record shows that the accused has traveled

abroad on various occasions in the past vide orders dated 18.09.2018,

30.10.2019 and 22.09.2022 and returned to India to face the trial

within the stipulated period. Out of the two matters, only in one matter

i.e. CC No. 248/2019, prosecution evidence is being recorded and

applicant/accused has already undertaken that he will not dispute his

identity for proceedings conducted in his absence, if any and has

instructed his counsel to appear before this court and assist the court

in every manner possible.

Considering the entirety of facts and circumstances, the

applicant/accused Sh. Gyan Swaroop Garg is permitted to travel

abroad to Spain from 23.10.2023 to 27.10.2023, as prayed.

  1. He shall furnish FDR for a sum of Rupees Ten

Lakh Only (Rs.10,00,000/-) with an undertaking that in

case he violates any of the conditions, the amount

Page 2 of 3

deposited in this FDR shall be forfeited in favour of

Government of India.

  1. He shall inform to the IO and the Court about his

arrival in India mentioning the details of the places

visited by him alongwith the other details of the

itinerary within seven days of his arrival. The

applicant/accused shall also file complete copy of his

passport alongwith the copy of Visa in the Court on his

return.

  1. He shall not tamper with the evidence nor try to

influence any witness in any manner and will not use

the permission granted to him so as to hamper the trial

in any manner.

  1. This permission shall be subject to other

applicable rules and will not be deemed as directions to

any authority except the permission from the side of

the Court.

  1. His Advocate Sh. Hemant Shah shall undertake

to accept notice from the Court/IO, if any, on behalf of

the applicant in his absence and shall further undertake

that in case the presence of applicant is required during

the aforesaid period he shall immediately intimate the

applicant and the applicant shall return to India within

48 hours.

  1. He shall intimate the Court about his addresses

where he would be staying and his mobile numbers.

Applications are accordingly disposed off.

As prayed, copy of this order be given dasti to Ld. Coun-

sel for applicant/accused.

Special Judge, (PC Act) (CBI),

Coal Block Cases-01, RADC

New Delhi/13.09.2023

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Document information last updated: Sat, 06 Sep 2025, 06:19 AM IST