Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 135
Filing Date: Fri, 13 Jul 2018
Order Date: Wed, 06 Sep 2023
Order Description: COPY OF JUDICIAL PROCEEDINGS
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 & Sec 7, 12 & 13(1)(d) PC Act,1988
CC No. 314/2019 (Old CC No. 13/17)
RC No. 219 2015 (E) 0004; Branch: CBI, EO-I/New Delhi CBI vs. M/s Jindal Steel and Power Ltd. (JSPL) & Ors.
U/s 120-B/420 IPC
(3)
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
Matter taken up today on receipt of below mentioned applications:06.09.2023.
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:
Present:
Ld. DLA Sh. A.P. Singh for CBI (through VC).
Ld. Special PPs Sh. Rajesh Batra and Sh. N.K. Matta along with Ld. Advocate Sh. Ansh Singh Luthra for ED (all through VC).
Sh. Gurpreet Singh Parwanda, Ld. Counsel for Applicant/accused Sh. Naveen Jindal.
Through these applications, the applicant/accused Naveen Jindal has prayed for permission to travel to Oman and UAE from 11.09.2023 to 13.09.2023, in connection with his business interests.
The applicant/accused has mentioned in these applications the itinerary of his travel, details of the addresses/Hotels where he would be staying during the period of his aforesaid visit. The applicant/accused undertakes to file the detailed itinerary about the countries visited, after returning to India.
The applicant has also mentioned in these applications, his mobile number, where he would be always available/reachable.
The applicant has mentioned that no prejudice shall be caused to the prosecution and/or any proceedings including trial before this Court shall be hampered/delayed in his absence. He has undertaken that he will not dispute his identity nor question the legitimacy of any proceedings done including recording prosecution evidences in his absence and in the presence of his counsel on the ground of his absence. It is further stated in the applications that he has instructed his Counsels not to seek any adjournment in the matter on the ground of his absence. The applicant has undertaken to remain present himself as and when so directed and his presence is required in connection with the present three cases.
Replies are not filed by CBI and ED but these applications are opposed.
A perusal of records shows that the accused has traveled abroad several times in the past and returned to India to face the trial within the stipulated period. Out of three 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 and will not question the legitimacy of proceedings conducted in his absence and in the presence of his Counsel on the ground of his absence during such period of travel.
Therefore, in the considered opinion of this Court, the applicant/accused is entitled to permission of the Court to travel abroad to Oman and UAE from 11.09.2023 to 13.09.2023, subject to following conditions:-
With these directions, the above mentioned applications are disposed off.
Put up the cases now on their respective next dates of hearings.
A copy of this order be given dasti to Ld. Counsel for applicant/accused, as prayed for.
In compliance of today's order, separate undertakings have been filed by Ld. Counsel Sh. Gurpreet Singh Parwanda in each case.
Soft copy supplied to Ld. DLA for CBI as well as Ld. Special PP for ED.
The undertakings so furnished are taken on record.
(ARUN BHARDWAJ)
SPECIAL JUDGE, (PC ACT) (CBI), COAL BLOCK CASES-01, RADC, NEW DELHI/06.09.2023
(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 & Sec 7, 12 & 13(1)(d) PC
Act,1988
(2) CNR No. DLCT11-001302-2019
RC No. 219 2015 (E) 0004; Branch: CBI, EO-I/New Delhi
CBI vs. M/s Jindal Steel and Power Ltd. (JSPL) & Ors.
(3) CNR No. DLCT11-000452-2019;
ECIR No.12/DLZ0O/2014; Branch:Delhi Zonal Office,
Zone-II.
ED vs. M/s Jindal Steel and Power Ltd. & Ors.
Matter taken up today on receipt of below mentioned
applications:-
06.09.2023.
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. 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:
Present: Ld. DLA Sh. A.P. Singh for CBI (through VC).
Ld. Special PPs Sh. Rajesh Batra and Sh. N.K. Matta
along with Ld. Advocate Sh. Ansh Singh Luthra for ED
(all through VC).
Sh. Gurpreet Singh Parwanda, Ld. Counsel for
Applicant/accused Sh. Naveen Jindal.
Page 1 of 4
OF APPLICANT SH. NAVEEN JINDAL FOR PERMISSION TO
TRAVEL TO OMAN AND UAE FROM 11.09.2023 TO
13.09.2023.
Through these applications, the applicant/accused
Naveen Jindal has prayed for permission to travel to Oman and UAE
from 11.09.2023 to 13.09.2023, in connection with his business
interests.
The applicant/accused has mentioned in these
applications the itinerary of his travel, details of the addresses/Hotels
where he would be staying during the period of his aforesaid visit. The
applicant/accused undertakes to file the detailed itinerary about the
countries visited, after returning to India.
The applicant has also mentioned in these applications,
his mobile number, where he would be always available/reachable.
The applicant has mentioned that no prejudice shall be
caused to the prosecution and/or any proceedings including trial
before this Court shall be hampered/delayed in his absence. He has
undertaken that he will not dispute his identity nor question the
legitimacy of any proceedings done including recording prosecution
evidences in his absence and in the presence of his counsel on the
ground of his absence. It is further stated in the applications that he
has instructed his Counsels not to seek any adjournment in the matter
on the ground of his absence. The applicant has undertaken to remain
present himself as and when so directed and his presence is required in
connection with the present three cases.
Replies are not filed by CBI and ED but these
applications are opposed.
Page 2 of 4
A perusal of records shows that the accused has traveled
abroad several times in the past and returned to India to face the trial
within the stipulated period. Out of three 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 and will not question the legitimacy of proceedings conducted
in his absence and in the presence of his Counsel on the ground of his
absence during such period of travel.
Therefore, in the considered opinion of this Court, the
applicant/accused is entitled to permission of the Court to travel
abroad to Oman and UAE from 11.09.2023 to 13.09.2023, subject to
following conditions:-
He shall furnish FD for a sum of Rs. One crore (Cumu-
latively in all the three cases i.e. RC No. 219 2013 (E) 0006 ti-
tled CBI vs M/s JSPL; RC No. 219 2015 (E) 0004 titled CBI vs
M/s JSPL and ECIR No. 12/DLZO/2014 titled ED vs M/s
JSPL)
He shall inform to the IO of CBI and ED and the Court
about his arrival to India mentioning the details of the places
visited by him along with 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 per-
mission 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.
His Advocate Sh. Rajeev Goyal/Sh. Gurpreet Singh Par-
wanda 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.
Page 3 of 4
He shall intimate the Court about his contact
addresses where he would be staying and his
contact numbers.
With these directions, the above mentioned applications
are disposed off.
Put up the cases now on their respective next dates of
hearings.
A copy of this order be given dasti to Ld. Counsel for
applicant/accused, as prayed for.
UNDERTAKINGS OF ADVOCATE GURPREET SINGH
PARWANDA IN TERMS OF ORDER DATED 06.09.2023.
In compliance of today's order, separate undertakings have
been filed by Ld. Counsel Sh. Gurpreet Singh Parwanda in each case.
Soft copy supplied to Ld. DLA for CBI as well as Ld. Special
PP for ED.
SPECIAL JUDGE, (PC ACT) (CBI),
COAL BLOCK CASES-01, RADC,
NEW DELHI/06.09.2023
Page 4 of 4