Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 139
Filing Date: Fri, 13 Jul 2018
Order Date: Mon, 25 Sep 2023
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 & Sec 7, 12 & 13(1)(d) PC Act,1988
(2)
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
As directed vide Circular Nos. 01/RG/DHC/2023 Dated 05.06.2023 and 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 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:
Files taken up today on applications moved on behalf of applicant/accused Sh. Naveen Jindal.
Present: Ld. DLA Sh. A.P. Singh for CBI.
Ld. Special PP Sh. Rajesh Batra with Ld. Advocates Sh. Ansh Singh Luthra and Ms. Sonia Kukreja for ED (all through VC).
Sh. Gurpreet Singh Parwanda, Ld. Counsel for applicant/accused Sh. Naveen Jindal.
APPLICATIONS DATED 25.09.2023 ON BEHALF OF SH. NAVEEN JINDAL FOR PERMISSION TO TRAVEL TO OMAN, UAE, SPAIN, USA, MEXICO, GUYANA, VENEZUELA, GUINEA, MOZAMBIQUE, ZIMBABWE, BOTSWANA AND SOUTH AFRICA FROM 30.09.2023 TO 10.10.2023.
Copy supplied to CBI. Soft copy supplied to ED.
Through these applications, the applicant/accused Naveen Jindal has prayed for permission to travel to Oman, UAE, Spain, USA, Mexico, Guyana, Venezuela, Guinea, Mozambique, Zimbabwe, Botswana and South Africa from 30.09.2023 to 10.10.2023, 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, UAE, Spain, USA, Mexico, Guyana, Venezuela, Guinea, Mozambique, Zimbabwe, Botswana and South Africa from 30.09.2023 to 10.10.2023, 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.
(ARUN BHARDWAJ) Special Judge, (PC Act) (CBI), Coal Block Cases-01, RADC, NEW DELHI/25.09.2023.
(1) CNRNO. 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
& Sec 7, 12 & 13(1)(d) PC Act,1988
(2) CNR No. DLCT11-001302-2019
CBI vs. M/s Jindal Steel and Power Ltd. (JSPL) & Ors.
(3) CNRNo. DLCT11-000452-2019
ED vs. M/s Jindal Steel and Power Ltd. & Ors.
25.09.2023
As directed vide Circular Nos. 01/RG/DHC/2023 Dated
05.06.2023 and 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 dated 11.05.2022 and also as communi-
cated 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:
Files taken up today on applications moved on behalf of
applicant/accused Sh. Naveen Jindal.
Page 1 of 4
Ld. Special PP Sh. Rajesh Batra with Ld. Advocates Sh.
Ansh Singh Luthra and Ms. Sonia Kukreja for ED (all
through VC).
Sh. Gurpreet Singh Parwanda, Ld. Counsel for
applicant/accused Sh. Naveen Jindal.
APPLICATIONS DATED 25.09.2023 ON BEHALF
OF SH. NAVEEN JINDAL FOR PERMISSION TO TRAVEL TO
OMAN, UAE, SPAIN, USA, MEXICO, GUYANA, VENEZUELA,
GUINEA, MOZAMBIQUE, ZIMBABWE, BOTSWANA AND
SOUTH AFRICA FROM 30.09.2023 TO 10.10.2023.
Through these applications, the applicant/accused
Naveen Jindal has prayed for permission to travel to Oman, UAE,
Spain, USA, Mexico, Guyana, Venezuela, Guinea, Mozambique,
Zimbabwe, Botswana and South Africa from 30.09.2023 to
10.10.2023, 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
Page 2 of 4
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, UAE, Spain, USA, Mexico, Guyana, Venezuela,
Guinea, Mozambique, Zimbabwe, Botswana and South Africa from
30.09.2023 to 10.10.2023, 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.
Page 3 of 4
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.
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.
(ARUN BHARDWAJ)
Special Judge, (PC Act) (CBI),
Coal Block Cases-01, RADC,
NEW DELHI/25.09.2023.
Page 4 of 4