Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 152
Filing Date: Fri, 13 Jul 2018
Order Date: Sat, 18 Nov 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)
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
Present:
Ld. DLA Sh. A.P. Singh for CBI (through VC).
Ld. Special PPs Sh. Rajesh Batra, Sh. N.K. Matta and Ld. Advocates Ms. Sonia Kukreja (all through VC), Sh. Ansh Singh Luthra, Sh. Prabhas Bajaj, Sh. Madhav Kumar and Sh. Priyanhu Tyagi for DoE.
Sh. Gurpreet Singh Parwanda, Ld. Counsel for applicant/ accused Sh. Naveen Jindal (through VC).
APPLICATIONS DATED 17.11.2023 ON BEHALF OF SH. NAVEEN JINDAL FOR PERMISSION TO TRAVEL TO UAE, OMAN, MOZAMBIQUE, SOUTH AFRICA, BOTSWANA, ZIMBABWE FROM 25.11.2023 TO 03.12.2023 AND UK, SLOVAKIA, CZECHOSLOVAKIA, SPAIN, USA, VENEZUELA, MEXICO FROM 06.12.2023 TO 06.01.2024.
This order shall dispose off the applications of the applicant/accused Sh. Naveen Jindal seeking permission to travel to
UAE, Oman, Mozambique, South Africa, Botswana, Zimbabwe from 25.11.2023 to 03.12.2023 and thereafter to UK, Slovakia, Czechoslovakia, Spain, USA, Venezuela, Mexico from 06.12.2023 to 06.01.2024, in connection with his business interests.
The applicant/accused has mentioned in these applications the tentative itinerary of his travel, details of the addresses/Hotels where he would be staying during the period of his aforesaid visit and has undertaken to file the 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 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 DoE. However, Ld. DLA for CBI has objected to these applications submitting that in between the period of his travelling abroad, on two dates i.e. on 14.12.2023 and 15.12.2023, the case bearing CBI Case No.248/19 is listed for prosecution evidence and on those dates, the presence of the
accused is required and therefore he needs to be present on those two dates.
Sh. Gurpreet Singh Parwanda, Ld. Advocate for applicant/accused Sh. Naveen Jindal, after taking instructions has stated that in case so directed by the Court, the applicant/accused Sh. Naveen Jindal shall join the proceedings through VC on these two dates i.e. on 14.12.2023 and 15.12.2023.
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 UAE, Oman, Mozambique, South Africa, Botswana, Zimbabwe from 25.11.2023 to 03.12.2023 and thereafter to UK, Slovakia, Czechoslovakia, Spain, USA, Venezuela, Mexico from 06.12.2023 to 06.01.2024, 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/18.11.2023.
(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
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
ED vs. M/s Jindal Steel and Power Ltd. & Ors.
18.11.2023
Present: Ld. DLA Sh. A.P. Singh for CBI (through VC).
Ld. Special PPs Sh. Rajesh Batra, Sh. N.K. Matta and Ld.
Advocates Ms. Sonia Kukreja (all through VC), Sh. Ansh
Singh Luthra, Sh. Prabhas Bajaj, Sh. Madhav Kumar and
Sh. Priyanhu Tyagi for DoE.
Sh. Gurpreet Singh Parwanda, Ld. Counsel for applicant/
accused Sh. Naveen Jindal (through VC).
APPLICATIONS DATED 17.11.2023 ON BEHALF
OF SH. NAVEEN JINDAL FOR PERMISSION TO TRAVEL TO
UAE, OMAN, MOZAMBIQUE, SOUTH AFRICA, BOTSWANA,
ZIMBABWE FROM 25.11.2023 TO 03.12.2023 AND UK,
SLOVAKIA, CZECHOSLOVAKIA, SPAIN, USA, VENEZUELA,
MEXICO FROM 06.12.2023 TO 06.01.2024.
This order shall dispose off the applications of the
applicant/accused Sh. Naveen Jindal seeking permission to travel to
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UAE, Oman, Mozambique, South Africa, Botswana, Zimbabwe from
25.11.2023 to 03.12.2023 and thereafter to UK, Slovakia,
Czechoslovakia, Spain, USA, Venezuela, Mexico from 06.12.2023 to
06.01.2024, in connection with his business interests.
The applicant/accused has mentioned in these
applications the tentative itinerary of his travel, details of the
addresses/Hotels where he would be staying during the period of his
aforesaid visit and has undertaken to file the 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 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 DoE. However, Ld.
DLA for CBI has objected to these applications submitting that in
between the period of his travelling abroad, on two dates i.e. on
14.12.2023 and 15.12.2023, the case bearing CBI Case No.248/19 is
listed for prosecution evidence and on those dates, the presence of the
Page 2 of 4
accused is required and therefore he needs to be present on those two
dates.
Sh. Gurpreet Singh Parwanda, Ld. Advocate for
applicant/accused Sh. Naveen Jindal, after taking instructions has
stated that in case so directed by the Court, the applicant/accused Sh.
Naveen Jindal shall join the proceedings through VC on these two
dates i.e. on 14.12.2023 and 15.12.2023.
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 UAE, Oman, Mozambique, South Africa, Botswana,
Zimbabwe from 25.11.2023 to 03.12.2023 and thereafter to UK,
Slovakia, Czechoslovakia, Spain, USA, Venezuela, Mexico from
06.12.2023 to 06.01.2024, subject to following conditions:-
He shall furnish FD for a sum of Rupees One crore
(Cumulatively in all 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 & ECIR No.12/DLZO/2014 titled DoE vs M/s JSPL).
He shall inform to the IO of CBI and DoE 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.
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He shall neither 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.
(ARUN BHARDWAJ)
Special Judge, (PC Act) (CBI),
Coal Block Cases-01, RADC,
NEW DELHI/18.11.2023.
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