Directorate Of Enforcement v. Gautam Malhotra

$~43, 44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3342/2023 & CRL. MA 12552/2023 DIRECTORATE OF ENFORCEMENT .....Petitioner Through:

Mr. Zoheb Hossain, Special Counsel for ED with Mr. Vivek Gurnani, Mr.

S.M. Sud and Mr. Azeez Mushtaque, Advocates.

versus GAUTAM MALHOTRA .....Respondent Through:

Mr. Ramesh Gupta, Senior Advocate with Mr. Vijay S. Bishnoi, Ms. Pooja Bansal, Mr. Ishaan Jain, Advocates.

+ CRL.M.C. 3343/2023 & & CRL. MA 12555/2023 DIRECTORATE OF ENFORCEMENT .....Petitioner Through:

Mr. Zoheb Hossain, Special Counsel for ED with Mr. Vivek Gurnani, Mr.

S.M. Sud and Mr. Azeez Mushtaque, Advocates.

versus RAJESH JOSHI .....Respondent Through:

Mr. Rajat Bhardwaj, Ms. Ankita Bhardwaj, Mr. Kaustubh Khanna and Mr. Saurav Kakroda, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 18.12.2024 1.

The present petitions have been filed by the petitioner seeking cancellation of bail granted to the respondents vide order dated 06.05.2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/12/2024 at 11:49:58

passed by the learned Special Judge (PC Act) (CBI)-09, Rouse Avenue Courts, New Delhi in Bail Matter No.56/2023 in CC No.31/2022, ECIR No.HIU-II/14/2023.

2.

Notably on 10.05.2023, this Court while issuing notice observed as under:

"...In the meanwhile, the observation in the impugned order shall not he relied upon by any co-accused or by any person during the pendency of the present petition..."

3.

Today, learned Senior Counsel for the respondent submits that all the 40 accused persons have been admitted to bail. 4.

In view of the above, Learned counsel appearing for the petitioner/ED Seeks leave to withdraw the present petitions. 5.

Leave, as prayed for, is granted and the petitions are dismissed as withdrawn along with pending applications.

6.

Needless to observe that the observations in the impugned order were prima facie opinion, made at the stage of considering bail and would not influence the outcome of the trial in any manner. MANOJ KUMAR OHRI, J DECEMBER 18, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/12/2024 at 11:49:58