Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors - Order No: 153

IN THE COURT OF SH. ARUN BHARDWAJ, SPECIAL JUDGE (PC ACT) CBI, COAL BLOCK CASE-01, ROUSE AVENUE DISTRICT COURT, NEW DELHI.

(1) Case No. CBI/248/19 (Old CC Nos. 44/16 & 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 and

Section 7, 12 and 13 (1) (d) PC Act, 1988

(2)

Case No. CBI/314/19 (Old CC No. 13/17)

RC No. 219 2015 (E) 0004

Branch: CBI, EO-I, New Delhi

CBI Vs. M/s Jindal Steel & Power Ltd. (JSPL) & Ors.

U/s 120-B & 420 IPC

and

(3) Cr Case No. 01/19 (Old CC No. 08/18)

ECIR No. 12/DLZO/2014

Branch: Delhi Zonal Office, Zone-II.

ED Vs. M/s Jindal Steel & Power Ltd & Ors.

Offence u/s 3 and punishable u/s 4 PMLA, 2002

24.11.2023

Present :

Ld. DLA Sh. A.P. Singh (through VC) for CBI. Ld. Special PP Sh. Rajesh Batra along with Ld.

Advocate Sh. Prabhas Bajaj, Sh. Ansh Singh Luthra and Ms. Sonia Kukreja (all through VC) for DoE.

Ld. Counsel Sh. Shishir Mathur for accused Sushil Maroo.

APPLICATIONS DATED 23.11.2023 ON BEHALF OF APPLICANT/ACCUSED SUSHIL MAROO SEEKING PERMISSION TO TRAVEL ABROAD TO JAPAN.

A common Order is being passed in all the three cases as applicant/accused Sushil Maroo is facing trial in all the aforementioned three cases and permission has been sought to travel to Japan from 02.12.2023 to 10.12.2023.

It is mentioned in the applications that applicant wants to visit Japan and will be visiting various cities like Tokyo, Osaka etc for the purposes of business meetings with the officials of JDI Inc, Sharp and others. It is also mentioned in the applications that applicant/accused had also travelled to Dubai, UAE in the year 2020 vide order dated 10.02.2020 and that no prejudice would be caused to CBI in case the applicant visits Japan during the above mentioned period for the said purposes. It is further submitted that applicant undertakes to inform to this Court about the places of stay and its contact number. It is also mentioned that he had earlier also permitted to travel abroad to various countries.

Ld. Counsel Sh. Shishir Mathur for applicant/accused submitted that if the Court grants permission to travel abroad, the accused shall duly file a detailed itinerary before leaving India. It has been further submitted that on the dates fixed in the matter applicant/accused will be duly represented by his Counsel.

Replies are not filed by CBI and DoE. Ld. DLA for CBI has raised formal objection and Ld. Special PP for DoE has not objected to the afore mentioned applications.

A perusal of records shows that the accused has traveled abroad in the past also 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.

Therefore, considering the over all facts and circumstances of the case, in the opinion of this Court, the applicant/accused is entitled to permission of the Court to travel to Japan from 02.12.2023 to 10.12.2023, subject to following conditions:-

•  He shall furnish FD for a sum of Rupees Fifteen Lakhs (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.

•  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. Shishir Mathur 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/24.11.2023.

IN THE COURT OF SH. ARUN BHARDWAJ,

SPECIAL JUDGE (PC ACT) CBI,

COAL BLOCK CASE-01,

ROUSE AVENUE DISTRICT COURT, NEW DELHI.

(1) Case No. CBI/248/19 (Old CC Nos. 44/16 & 03/15)

CBI Vs. M/s. Jindal Steel and Power Ltd. & Ors.

(2) Case No. CBI/314/19 (Old CC No. 13/17)

CBI Vs. M/s Jindal Steel & Power Ltd. (JSPL) & Ors.

U/s 120-B & 420 IPC

ED Vs. M/s Jindal Steel & Power Ltd & Ors.

24.11.2023

Present : Ld. DLA Sh. A.P. Singh (through VC) for CBI.

Ld. Special PP Sh. Rajesh Batra along with Ld.

Advocate Sh. Prabhas Bajaj, Sh. Ansh Singh Luthra

and Ms. Sonia Kukreja (all through VC) for DoE.

Ld. Counsel Sh. Shishir Mathur for accused Sushil

Maroo.

APPLICATIONS DATED — 23.11.2023. ON BEHALF OF

APPLICANT/ACCUSED SUSHIL MAROO SEEKING

PERMISSION TO TRAVEL ABROAD TO JAPAN.

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A common Order is being passed in all the three cases as

applicant/accused Sushil Maroo is facing trial in all the

aforementioned three cases and permission has been sought to travel

to Japan from 02.12.2023 to 10.12.2023.

It is mentioned in the applications that applicant wants to

visit Japan and will be visiting various cities like Tokyo, Osaka etc for

the purposes of business meetings with the officials of JDI Inc, Sharp

and others. It is also mentioned in the applications that

applicant/accused had also travelled to Dubai, UAE in the year 2020

vide order dated 10.02.2020 and that no prejudice would be caused to

CBI in case the applicant visits Japan during the above mentioned

period for the said purposes. It is further submitted that applicant

undertakes to inform to this Court about the places of stay and its

contact number. It is also mentioned that he had earlier also permitted

to travel abroad to various countries.

Ld. Counsel Sh. Shishir Mathur for applicant/accused

submitted that if the Court grants permission to travel abroad, the

accused shall duly file a detailed itinerary before leaving India. It has

been further submitted that on the dates fixed in the matter

applicant/accused will be duly represented by his Counsel.

Replies are not filed by CBI and DoE. Ld. DLA for CBI

has raised formal objection and Ld. Special PP for DoE has not

objected to the afore mentioned applications.

A perusal of records shows that the accused has traveled

abroad in the past also and returned to India to face the trial within the

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stipulated period. Out of three matters, only in one matter i.e. CC No.

248/2019, prosecution evidence is being recorded.

Therefore, considering the over all facts and

circumstances of the case, in the opinion of this Court, the

applicant/accused is entitled to permission of the Court to travel to

Japan from 02.12.2023 to 10.12.2023, subject to following

conditions:-

 He shall furnish FD for a sum of Rupees Fifteen Lakhs

(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.

 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. Shishir Mathur shall undertake to ac-

cept 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.

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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/24.11.2023.

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