Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 114
Filing Date: Fri, 13 Jul 2018
Order Date: Wed, 31 May 2023
Order Description: COPY OF JUDICIAL PROCEEDINGS
Status: Arguments on Charge
Stage: Arguments on Charge
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 and Power Ltd. & Ors. Offence u/s 3 and punishable u/s 4 PMLA, 2002
As directed vide Circular No. 255/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 dtd. 11.05.2022 & 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 (at the request of ED) in the presence of:
Present: Ld. Special PP Sh. N.K. Matta and Ld. Advocates Sh.
Ansh Singh Luthra, Ms. Sonia Kukreja (all through VC) and Ld. Advocate Sh. Shikhar Adholia (physically present in court) for ED.
Ms. Ana Upadhyay, Ld. Counsel for Applicant/accused no. 12 Sh. Rajeev Agarwal (through VC).
APPLICATION DATED 24/25.05.2023 SEEKING PERMISSION FOR TRAVEL LEAVE TO SINGAPORE ON BEHALF OF ACCUSED NO. 12 MR. RAJEEV AGGARWAL FROM 07.06.2023 TO 10.06.2023 ON CONDITION OF PRIOR PERMISSION OF THIS COURT FOR TRAVELLING ABROAD.
This order shall dispose of the present application of the applicant/accused no. 12 Sh. Rajeev Agarwal seeking permission to travel abroad to Singapore from 07.06.2023 to 10.06.2023 on account of business meetings.
It is mentioned in the application that the applicant/accused Sh. Rajeev Agarwal has to travel to Singapore for Nomura Investors Conference from 07.06.2023 to 10.06.2023.
It is further mentioned in the application that this court has granted bail to the applicant/accused Sh. Rajeev Agarwal on 15.10.2018 on certain conditions of the said order which is enclosed with this application as Annexure-I. It is further mentioned in the application that the applicant/accused has been diligent, compliant and co-operative with the investigation agencies had never misused/ breached any conditions imposed by this court at the time of granting him bail.
It is further mentioned in the application that the applicant/accused is a permanent resident of Mumbai and has deep roots in the society and has never involved in any offence whatsoever in any manner and has clean antecedents.
Through this application, the applicant/accused has provided the detailed table of flight tickets and traveling details during the above mentioned period. He has also provided the detail of the address where he will be staying during his visit to Singapore.
It is further mentioned in the application that earlier also, the applicant/accused Sh. Rajeev Agarwal has traveled on several occasions as per permission granted to him by this court. As per tabular chart filed by Ld. Counsel for the accused, the applicant/accused was given permission to travel abroad once in the year 2018, twice in the year 2019 and twice in the year 2020, though he did not travel when first time permission was given in 2020
because of Covid-19 concerns. He has also travelled abroad three times since the year 2021 to till date.
It is further mentioned in the application that the applicant/accused is not the main accused and is wrongly arrayed as an accused in the present matter. With respect to the transaction alleged in the complaint, the CBI has registered an FIR No. RC-219 2013(E) 0006, u/s 120-B, 409 and 420 of IPC r/w Section 13(1)(c) and 13(1)(d) of PC Act, 1988 against various accused persons. He was earlier wrongly arraigned as Accused No. 17 through Supplementary Chargesheet No. 06/2017 dated 22.03.2017 filed by CBI in Criminal Case No. 44 of 2016 pending before this court. However, at the time of framing of charges, this court, vide order dated 13.07.2018 (copy of said order is enclosed with this application as Annexure-II) was pleased to discharge the applicant from all charges in the said case which is relating to the same transaction alleged in the present complaint.
ED has filed reply to this application. It is mentioned in the reply that as per the Index and Subject Title of the present application, the applicant/accused no. 12 is seeking permission of this court to travel Brazil from 07.06.2023 to 10.06.2023, whereas the documents annexed along with this application contain no details/documents supporting that the applicant/accused no. 12 is going to Brazil, instead, on the face of it, it appears that the applicant is actually travelling to Singapore from 07.06.2023 to 10.06.2023. Hence, the present application be dismissed on this sole ground that the applicant/accused no. 12 is trying to mislead this court by filing this present frivolous and vague application.
If is further mentioned in the reply that in paragraph 9 of the present application, the applicant has claimed that he has to travel Singapore for Nomura Investors Conference which is to be held in Singapore between 8 th and 9 th June, 2023, however, no proof of such conference/invitation in this regard is annexed/provided with present application. Hence, the purpose of visit of applicant/accused no. 12 is highly doubtful.
It is mentioned in the reply that the applicant/accused no. 12 may misuse the permission and he will try to settle down there and will try to evade the proceedings of this court which will ultimately result in frustration of the progress of the present case. It is further mentioned in the reply that the applicant is involved in serious offence having grave bearing on the society at large and there is every possibility that the applicant/accused no. 2 may try to intervene with proceedings or may possibly launders illegal assets or money or tamper material evidence while travelling abroad and cause a disruption to the effective disposal of justice as the matter is still at the stage of consideration of supplementary complaint. Through its reply, it is prayed that in view of the above mentioned facts and circumstances, the present application of applicant be dismissed.
Ld. Counsel for applicant/accused no. 12 submits that in support of the present application, the applicant has sent an e-mail on the official email ID of this court wherein it is mentioned that 'Nomura is pleased to invite you to our 20 th Nomura Investment Forum Asia (NIFA) from June 5-9, 2023 in Singapore' . The said fact has been recorded in the order sheet dated 30.05.2023.
This Court has considered the submissions made on behalf of Ld. Counsel for the applicant/accused no. 12 and Ld. Spl. PP for ED.
A perusal of record shows that earlier also, the accused has traveled abroad on several occasions and has complied with all the conditions imposed by the court. The applicant/accused has undertaken in the present application that he will not dispute his identity and will comply with any condition imposed by this court.
Therefore, in the considered opinion of this Court, the applicant/accused no. 12 is entitled to permission of the Court to travel to Singapore from 07.06.2023 to 10.06.2023.
The conditions for this permission shall be as under:-
As prayed, copy of this order be given dasti to Ld. Counsel for applicant/accused.
Arun Bhardwaj Special Judge (PC Act) (CBI) Coal Block Cases-01, RADC, New Delhi/31.05.2023
CNR No. DLCT11-000452-2019
CRC No. 01/2019 (Old CRC No. 08/18)
ECIR No. 12/DLZ0O/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
As directed vide Circular No. 255/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 dtd. 11.05.2022 &
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 (at the request of ED) in the
presence of:
31.05.2023
Ansh Singh Luthra, Ms. Sonia Kukreja (all through
VC) and Ld. Advocate Sh. Shikhar Adholia
(physically present in court) for ED.
Ms. Ana Upadhyay, Ld. Counsel for Applicant/accused
no. 12 Sh. Rajeev Agarwal (through VC).
APPLICATION DATED 24/25.05.2023 SEEKING
PERMISSION FOR TRAVEL LEAVE TO SINGAPORE ON
BEHALF OF ACCUSED NO. 12 MR. RAJEEV AGGARWAL
FROM 07.06.2023 TO 10.06.2023 ON CONDITION OF PRIOR
PERMISSION OF THIS COURT FOR TRAVELLING ABROAD.
This order shall dispose of the present application of the
applicant/accused no. 12 Sh. Rajeev Agarwal seeking permission to
travel abroad to Singapore from 07.06.2023 to 10.06.2023 on account
of business meetings.
Page 1 of 6
It is mentioned in the application that the
applicant/accused Sh. Rajeev Agarwal has to travel to Singapore for
Nomura Investors Conference from 07.06.2023 to 10.06.2023.
It is further mentioned in the application that this court
has granted bail to the applicant/accused Sh. Rajeev Agarwal on
15.10.2018 on certain conditions of the said order which is enclosed
with this application as Annexure-I. It is further mentioned in the
application that the applicant/accused has been diligent, compliant and
co-operative with the investigation agencies had never misused/
breached any conditions imposed by this court at the time of granting
him bail.
It is further mentioned in the application that the
applicant/accused is a permanent resident of Mumbai and has deep
roots in the society and has never involved in any offence whatsoever
in any manner and has clean antecedents.
Through this application, the applicant/accused has
provided the detailed table of flight tickets and traveling details during
the above mentioned period. He has also provided the detail of the
address where he will be staying during his visit to Singapore.
It is further mentioned in the application that earlier also,
the applicant/accused Sh. Rajeev Agarwal has traveled on several
occasions as per permission granted to him by this court. As per
tabular chart filed by Ld. Counsel for the accused, the
applicant/accused was given permission to travel abroad once in the
year 2018, twice in the year 2019 and twice in the year 2020, though
he did not travel when first time permission was given in 2020
Page 2 of 6
because of Covid-19 concerns. He has also travelled abroad three
times since the year 2021 to till date.
It is further mentioned in the application that the
applicant/accused is not the main accused and is wrongly arrayed as
an accused in the present matter. With respect to the transaction
alleged in the complaint, the CBI has registered an FIR No. RC-219
2013(E) 0006, u/s 120-B, 409 and 420 of IPC r/w Section 13(1)(c) and
13(1)(d) of PC Act, 1988 against various accused persons. He was
earlier wrongly arraigned as Accused No. 17 through Supplementary
Chargesheet No. 06/2017 dated 22.03.2017 filed by CBI in Criminal
Case No. 44 of 2016 pending before this court. However, at the time
of framing of charges, this court, vide order dated 13.07.2018 (copy of
said order is enclosed with this application as Annexure-II) was
pleased to discharge the applicant from all charges in the said case
which is relating to the same transaction alleged in the present
complaint.
ED has filed reply to this application. It is mentioned in
the reply that as per the Index and Subject Title of the present
application, the applicant/accused no. 12 is seeking permission of this
court to travel Brazil from 07.06.2023 to 10.06.2023, whereas the
documents annexed along with this application contain no
details/documents supporting that the applicant/accused no. 12 is
going to Brazil, instead, on the face of it, it appears that the applicant
is actually travelling to Singapore from 07.06.2023 to 10.06.2023.
Hence, the present application be dismissed on this sole ground that
the applicant/accused no. 12 is trying to mislead this court by filing
this present frivolous and vague application.
Page 3 of 6
If is further mentioned in the reply that in paragraph 9 of
the present application, the applicant has claimed that he has to travel
Singapore for Nomura Investors Conference which is to be held in
Singapore between 8th and 9th June, 2023, however, no proof of such
conference/invitation in this regard is annexed/provided with present
application. Hence, the purpose of visit of applicant/accused no. 12 is
highly doubtful.
It is mentioned in the reply that the applicant/accused no.
12 may misuse the permission and he will try to settle down there and
will try to evade the proceedings of this court which will ultimately
result in frustration of the progress of the present case. It is further
mentioned in the reply that the applicant is involved in serious offence
having grave bearing on the society at large and there is every
possibility that the applicant/accused no. 2 may try to intervene with
proceedings or may possibly launders illegal assets or money or
tamper material evidence while travelling abroad and cause a
disruption to the effective disposal of justice as the matter is still at the
stage of consideration of supplementary complaint. Through its reply,
it is prayed that in view of the above mentioned facts and
circumstances, the present application of applicant be dismissed.
Ld. Counsel for applicant/accused no. 12 submits that in
support of the present application, the applicant has sent an e-mail on
the official email ID of this court wherein it is mentioned that
“Nomura is pleased to invite you to our 20th Nomura Investment
Forum Asia (NIFA) from June 5-9, 2023 in Singapore”. The said fact
has been recorded in the order sheet dated 30.05.2023.
Page 4 of 6
This Court has considered the submissions made on
behalf of Ld. Counsel for the applicant/accused no. 12 and Ld. Spl. PP
for ED.
A perusal of record shows that earlier also, the accused
has traveled abroad on several occasions and has complied with all the
conditions imposed by the court. The applicant/accused has
undertaken in the present application that he will not dispute his
identity and will comply with any condition imposed by this court.
Therefore, in the considered opinion of this Court, the
applicant/accused no. 12 is entitled to permission of the Court to travel
to Singapore from 07.06.2023 to 10.06.2023.
• He shall furnish FD for a sum of Rs.10,00,000/-
(Rupees Ten Lakh Only).
• He shall inform to the IO and the Court about
his arrival to 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.
• 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.
• 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.
Page 5 of 6
• His Advocate Sh. Siddhesh Kotwal 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.
• He shall intimate the Court about his contact
addresses where he would be staying and his contact
numbers.
The present application is accordingly disposed of.
As prayed, copy of this order be given dasti to Ld.
Counsel for applicant/accused.
Arun Bhardwaj
Special Judge (PC Act) (CBI)
Coal Block Cases-01, RADC,
New Delhi/31.05.2023
Page 6 of 6