Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 238
Filing Date: Fri, 13 Jul 2018
Order Date: Wed, 26 Mar 2025
Order Description: COPY OF ORDER
Status: Arguments on Charge
Stage: Arguments on Charge
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 &
Section 7, 12 & 13(1)(d) PC Act,1988
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 and Power Ltd. & Ors.
Offence u/s 3 and punishable u/s 4 PMLA, 2002
Case files taken up today on receipt of applications from Bail & Filing Section, RADC, New Delhi filed on behalf of applicant/accused Sh. Gyan Swaroop Garg.
Ld. Special PPs Sh. Rajesh Batra, Sh. N.K. Matta and Ld. Advocates Ms. Sonia Kukreja, Sh. Ansh Singh Luthra, Ms. Jyoti Khattar and Sh. Manmeet Singh (all through VC) for ED.
Applicant/accused Gyan Swaroop Garg with Ld. Counsels Sh. Hemant Shah (both through VC) and Sh. Vishal Mann.
IA NOS. 65/25 & 66/25: APPLICATIONS DATED 25.03.2025 ON BEHALF OF APPLICANT SHRI GYAN SWAROOP GARG SEEKING PERMISSION/NO-OBJECTION FOR REISSUANCE/ RENEWAL OF HIS PASSPORT NO. N1641719 FOR A PERIOD OF 10 YEARS.
Through present applications, applicant/accused Sh. Gyan Swaroop Garg seeking grant of permission/No-Objection from this Court
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so as to enable him to renew his passport bearing no. N1641719, which is due to expire on 26.07.2025.
It is further mentioned in these applications that the applicant is a self employed person, who at times requires travelling abroad in relation to his business activities.
It is further mentioned in these applications that as per clause 17(a), (b) & (c) of the passport renewal form, if any criminal proceedings are pending against the applicant/passport holder before a court of law, then the details thereof along with 'No Objection' is required to be submitted along with the passport renewal application form from the concerned court.
It is further mentioned that the Passport Act, 1967, Section 6(2) of the Act restricts the passport authority to refuse the issuance of a passport or a travel document for visiting any country on any ground except the grounds mentioned in Section 6 of the Passport Act, 1967, as mentioned in para 5 of these applications.
It is further mentioned that as per Clause (a)(i) of the Notification dated 25.08.1993 issued u/s 22(a) of the Passports Act, 1967, citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the concerned permitting them to depart from India, are exempted from the operation of the provision of Clause (f) of Sub-section (2) of Section 6 of the Act, subject to the conditions mentioned therein.
In these applications, the applicant/accused has relied on para 6 and 7 of the judgment dated 04.09.2023 titled as Mahesh Kumar Agarwal vs. CBI in Crl. A. 189/2022 where the application of the convict/appellant
seeking permission for renewal of passport for a period of 10 years was allowed. The applicant has also relied on paragraph 10 of the case titled as Deepak Jain vs. Union of India, 2018 SCC Online Del 11767 wherein it was held that 'it is necessary for the applicant to seek orders for expressly indicating the period for which a passport can be issued'.
It is prayed in these applications to grant permission/no objection to the applicant/accused for renewal of his passport bearing no. N1641719 for 10 years.
Ld. Prosecutors for CBI and ED submit that they do not have any objection in this regard and submitted that same be disposed off considering the present facts and circumstances of the case.
Considering that it is a condition of bail that applicant/accused will travel abroad only with the prior permission of the Court, accordingly this Court has no objection, if the passport of applicant/accused Sh. Gyan Swaroop Garg is renewed by Passport Authority/Regional Passport Officer, for a period of 10 (ten) years. Applicant/accused Gyan Swaroop Garg is directed that as and when his passport is renewed, he will place on record a copy of his renewed passport and will supply a copy to the IO also.
Applications are disposed off accordingly.
Put up on dates already fixed in the matters.
As prayed, a digitally signed copy of this order be given dasti to the the Ld. Counsel for the applicant/accused.
ARUN BHARDWAJ Special Judge (PC Act) (CBI) Coal Block Cases-01, RADC, New Delhi/26.03.2025
(1) CNR NO. DLCT11-000949-2019
CC NO. 248/2019 (Old CC Nos. 44/2016 & 03/15)
CBI vs. M/s Jindal Steel and Power Ltd. & Ors.
U/s. 120-B IPC, 120-B/420 IPC &
Section 7, 12 & 13(1)(d) PC Act,1988
(2) CNR No. DLCT11-000452-2019
ED vs. M/s Jindal Steel and Power Ltd. & Ors.
Case files taken up today on receipt of applications from Bail
& Filing Section, RADC, New Delhi filed on behalf of applicant/accused
Sh. Gyan Swaroop Garg.
26.03.2025
Present: Ld. DLA for CBI Sh. A.P. Singh (through VC).
Ld. Special PPs Sh. Rajesh Batra, Sh. N.K. Matta and Ld.
Advocates Ms. Sonia Kukreja, Sh. Ansh Singh Luthra, Ms.
Jyoti Khattar and Sh. Manmeet Singh (all through VC) for
ED.
Applicant/accused Gyan Swaroop Garg with Ld. Counsels Sh.
Hemant Shah (both through VC) and Sh. Vishal Mann.
IA NOS. 65/25 & 66/25: APPLICATIONS DATED
25.03.2025 ON BEHALF OF APPLICANT SHRI GYAN SWAROOP
GARG SEEKING PERMISSION/NO-OBJECTION FOR RE-
ISSUANCE/ RENEWAL OF HIS PASSPORT NO. N1641719 FOR A
PERIOD OF 10 YEARS.
Through present applications, applicant/accused Sh. Gyan
Swaroop Garg seeking grant of permission/No-Objection from this Court
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so as to enable him to renew his passport bearing no. N1641719, which is
due to expire on 26.07.2025.
It is further mentioned in these applications that the applicant
is a self employed person, who at times requires travelling abroad in
relation to his business activities.
It is further mentioned in these applications that as per clause
17(a), (b) & (c) of the passport renewal form, if any criminal proceedings
are pending against the applicant/passport holder before a court of law,
then the details thereof along with ‘No Objection’ is required to be
submitted along with the passport renewal application form from the
concerned court.
It is further mentioned that the Passport Act, 1967, Section
6(2) of the Act restricts the passport authority to refuse the issuance of a
passport or a travel document for visiting any country on any ground
except the grounds mentioned in Section 6 of the Passport Act, 1967, as
mentioned in para 5 of these applications.
It is further mentioned that as per Clause (a)(i) of the
Notification dated 25.08.1993 issued u/s 22(a) of the Passports Act, 1967,
citizens of India against whom proceedings in respect of an offence alleged
to have been committed by them are pending before a criminal court in
India and who produce orders from the concerned permitting them to
depart from India, are exempted from the operation of the provision of
Clause (f) of Sub-section (2) of Section 6 of the Act, subject to the
conditions mentioned therein.
In these applications, the applicant/accused has relied on para
6 and 7 of the judgment dated 04.09.2023 titled as Mahesh Kumar Agarwal
vs. CBI in Crl. A. 189/2022 where the application of the convict/appellant
Page 2 of 3
seeking permission for renewal of passport for a period of 10 years was
allowed. The applicant has also relied on paragraph 10 of the case titled as
Deepak Jain vs. Union of India, 2018 SCC Online Del 11767 wherein it
was held that “it is necessary for the applicant to seek orders for expressly
indicating the period for which a passport can be issued”.
It is prayed in these applications to grant permission/no
objection to the applicant/accused for renewal of his passport bearing no.
N1641719 for 10 years.
Ld. Prosecutors for CBI and ED submit that they do not have
any objection in this regard and submitted that same be disposed off
considering the present facts and circumstances of the case.
Considering that it is a condition of bail that applicant/accused
will travel abroad only with the prior permission of the Court, accordingly
this Court has no objection, if the passport of applicant/accused Sh. Gyan
Swaroop Garg is renewed by Passport Authority/Regional Passport Officer,
for a period of 10 (ten) years. Applicant/accused Gyan Swaroop Garg is
directed that as and when his passport is renewed, he will place on record a
copy of his renewed passport and will supply a copy to the IO also.
As prayed, a digitally signed copy of this order be given dasti
to the the Ld. Counsel for the applicant/accused.
ARUN BHARDWAJ
Special Judge (PC Act) (CBI)
Coal Block Cases-01, RADC,
New Delhi/26.03.2025
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