Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 140
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
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 Nos. 01/RG/DHC/2023 Dated 05.06.2023 and 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 & CM Appl. 19474-76/2022 titled Raj Gaurav vs Hon'ble High Court of Delhi & Ors dated 11.05.2022 & circulated vide No.2552-64/DHC/ Gaz./G-2/2022 dt. 11.05.2022 and also as communicated vide Orders No.Hybrid Hearing/Gaz./RACC/Gaz./2022/14924C to 14970C dtd. 17.05.2022 and Hybrid Hearing/Gaz./RACC/Gaz./2022/15756-15800C dated 26.05.2022 of Officer In-Charge (Judl), RACC, New Delhi, the hearing of the present matter is being taken up in hybrid mode i.e. physically as well as via Cisco WebEx Platform in the presence of:
Present:
Ld. Special PPs Sh. Rajesh Batra, Sh. N.K. Matta and Ld. Advocates Sh. Ansh Singh Luthra and Ms. Sonia Kukreja for DoE (all through VC).
Ld. Advocates Sh. Prabhas Bajaj and Sh. Shikhar Adholia in person for ED.
Applicant/accused no. 12 Sh. Rajeev Agarwal with Ld. Counsel Sh. Siddhesh Kotwal (both through VC).
APPLICATION DATED 22.09.2023 SEEKING PERMISSION FOR TRAVEL TO DUBAI ON BEHALF OF ACCUSED NO. 12 MR. RAJEEV AGGARWAL FROM 02.10.2023 TO 06.10.2023 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 Dubai from 02.10.2023 to 06.10.2023 on account of business meetings.
It is mentioned in the application that the applicant/accused Sh. Rajeev Agarwal has to travel to Dubai from 02.10.2023 to 06.10.2023 for attending multiple meetings with banks and financial institutions for building a strong business relationship with the banks to strengthen the Company's operations in the Middle East. It is further mentioned in the application that applicant shall be conducting a factory premises visit of KEC Towers LLC tentatively on 05.10.2023 situated at Plot No.598653, Dubai Investment Part 2, Jebel Ali Industrial Area, Dubai.
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 Dubai.
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 four times since the year 2021.
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 not filed reply to this application, however, Ld. Special PP for ED has orally opposed the present application.
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 Dubai from 02.10.2023 to 06.10.2023.
The conditions for this permission shall be as under:-
required during the aforesaid period he shall immediately intimate the applicant and the applicant shall return to India within 48 hours.
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/25.09.2023
ECIR No. 12/DLZ0O/2014
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 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 & CM
Appl. 19474-76/2022 titled Raj Gaurav vs Hon'ble High Court of
Delhi & Ors dated 11.05.2022 & circulated vide No.2552-64/DHC/
Gaz./G-2/2022 dt. 11.05.2022 and also as communicated vide Orders
No.Hybrid Hearing/Gaz./RACC/Gaz./2022/14924C to 14970C dtd.
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 mode i.e.
physically as well as via Cisco WebEx Platform in the presence of:
Present: Ld. Special PPs Sh. Rajesh Batra, Sh. N.K. Matta and Ld.
Advocates Sh. Ansh Singh Luthra and Ms. Sonia Kukreja
for DoE (all through VC).
Ld. Advocates Sh. Prabhas Bajaj and Sh. Shikhar Adholia
in person for ED.
Applicant/accused no. 12 Sh. Rajeev Agarwal with Ld.
Counsel Sh. Siddhesh Kotwal (both through VC).
APPLICATION DATED 22.09.2023 SEEKING
PERMISSION FOR TRAVEL TO DUBAI ON BEHALF OF
ACCUSED NO. 12 MR. RAJEEV AGGARWAL FROM
02.10.2023 TO 06.10.2023 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
Page 1 of S
travel abroad to Dubai from 02.10.2023 to 06.10.2023 on account of
business meetings.
It is mentioned in the application that the
applicant/accused Sh. Rajeev Agarwal has to travel to Dubai from
02.10.2023 to 06.10.2023 for attending multiple meetings with banks
and financial institutions for building a strong business relationship
with the banks to strengthen the Company's operations in the Middle
East. It is further mentioned in the application that applicant shall be
conducting a factory premises visit of KEC Towers LLC tentatively
on 05.10.2023 situated at Plot No.598653, Dubai Investment Part 2,
Jebel Ali Industrial Area, Dubai.
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 Dubai.
Page 2 of 5
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 four times
since the year 2021.
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 not filed reply to this application, however, Ld.
Special PP for ED has orally opposed the present application.
Page 3 of 5
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 Dubai from 02.10.2023 to 06.10.2023.
• 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.
• 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
Page 4 of 5
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/25.09.2023
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