Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 146
Filing Date: Fri, 13 Jul 2018
Order Date: Thu, 12 Oct 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
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)
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 & 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./ 2022/1575615800-C dtd. 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 PPs Sh. Rajesh Batra, Sh. N.K. Matta with Ld. Advocates Ms. Sonia Kukreja, Sh. Ansh Singh Luthra for DoE (all through VC).
Applicant/accused Sh. Naveen Jindal with Ld. Counsels Sh. Gurpreet Singh Parwanda (both through VC) and Sh. Pallav Srivastava.
Soft copies supplied to CBI as well as DoE.
Through these applications, the applicant/accused Naveen Jindal has prayed for permission to travel to Oman, UAE, Guinea, Venezuela, USA, UK, Poland and Czech Republic from 15.10.2023 to 31.10.2023, 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.
These applications are not opposed by CBI as well as DoE. However, Ld. DLA for CBI Sh. A.P. Singh submitted that the next dates of hearing in the present matter i.e. CBI Case No. 248/2019 are 16.10.2023, 17.10.2023, 26.10.2023 and 27.10.2023, which are fixed for recording of Prosecution Evidence and the proceedings should not hamper due to absence of the accused in the court.
This Court has considered the submissions made on behalf of Ld. Counsel for the applicant/accused, Sh. A.P. Singh, Ld. DLA for CBI and Sh. Rajesh Batra, Ld. Counsel for DoE.
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. CBI Case 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, Guinea, Venezuela, USA, UK, Poland and Czech Republic from 15.10.2023 to 31.10.2023, 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/12.10.2023.
(1) CNR NO. 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
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
ED vs. M/s Jindal Steel and Power Ltd. & Ors.
12.10.2023
As directed vide Circular Nos. 01/RG/DHC/2023 Dated
05.06.2023 & 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 dtd. 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 PPs Sh. Rajesh Batra, Sh. N.K. Matta with
Ld. Advocates Ms. Sonia Kukreja, Sh. Ansh Singh Luthra
for DoE (all through VC).
Page 1 of 4
Applicant/accused Sh. Naveen Jindal with Ld. Counsels
Sh. Gurpreet Singh Parwanda (both through VC) and Sh.
Pallav Srivastava.
APPLICATIONS DATED 12.10.2023 ON BEHALF
OF SH. NAVEEN JINDAL FOR PERMISSION TO TRAVEL TO
OMAN, UAE, GUINEA, VENEZUELA, USA, UK, POLAND
AND CZECH REPUBLIC FROM 15.10.2023 TO 31.10.2023.
Through these applications, the applicant/accused
Naveen Jindal has prayed for permission to travel to Oman, UAE,
Guinea, Venezuela, USA, UK, Poland and Czech Republic from
15.10.2023 to 31.10.2023, 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
Page 2 of 4
present himself as and when so directed and his presence is required in
connection with the present three cases.
These applications are not opposed by CBI as well as
DoE. However, Ld. DLA for CBI Sh. A.P. Singh submitted that the
next dates of hearing in the present matter i.e. CBI Case No. 248/2019
are 16.10.2023, 17.10.2023, 26.10.2023 and 27.10.2023, which are
fixed for recording of Prosecution Evidence and the proceedings
should not hamper due to absence of the accused in the court.
This Court has considered the submissions made on
behalf of Ld. Counsel for the applicant/accused, Sh. A.P. Singh, Ld.
DLA for CBI and Sh. Rajesh Batra, Ld. Counsel for DoE.
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. CBI Case 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, Guinea, Venezuela, USA, UK, Poland and
Czech Republic from 15.10.2023 to 31.10.2023, subject to following
conditions:-
He shall furnish FD for a sum of Rs. One crore
(Cumulatively in all the three cases i.e. RC No. 219 2013 (E)
0006 titled 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)
Page 3 of 4
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
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. Rajeev Goyal/Sh. Gurpreet Singh
Parwanda 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.
Special Judge, (PC Act) (CBI),
Coal Block Cases-01, RADC,
NEW DELHI/12.10.2023.
Page 4 of 4