Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 169
Filing Date: Fri, 13 Jul 2018
Order Date: Tue, 23 Jan 2024
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
Present:
Ld. DLA Sh. A.P. Singh for CBI along with IO ASP Sh. Ajeet Singh.
Ld. Special PPs Sh. Rajesh Batra, Sh. N.K. Matta along with Ld. Advocates Ms. Sonia Kukreja, and Sh. Ansh Singh Luthra (all through VC) and Ld. Advocates Sh. Prabhas Bajaj and Ms. Jyoti Khattar for DoE.
Applicant/accused Sh. Naveen Jindal (through VC) with Ld. Counsels Sh. Rajeev Goyal and Sh. Gurpreet Singh Parwanda .
APPLICATIONS ON BEHALF OF SH. NAVEEN JINDAL FOR PERMISSION TO TRAVEL TO ITALY, SPAIN, CZECH REPUBLIC, UK, USA AND VENEZUELA FROM 01.02.2024 TO 20.02.2024.
This order shall dispose off the applications of the applicant/accused Sh. Naveen Jindal seeking permission to travel to
Italy, Spain, Czech Republic, UK, USA and Venezuela from 01.02.2024 to 20.02.2024, in connection with his business interests.
In addition to these countries, Ld. Counsel for applicant/accused Sh. Naveen Jindal has also orally requested to grant permission to the applicant/accused to visit one more country i.e. Mozambique during the aforesaid period.
It is mentioned in these applications that the applicant/accused Sh. Naveen Jindal was granted permission to travel to Italy, Spain, Czech Republic and UK from 15.01.2024 to 20.01.2024 vide order dated 12.01.2024. However, due to rescheduling of the meetings the applicant did not travel on those dates.
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 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 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 neither 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 not filed by CBI and DoE. However, they have raised formal objections to these applications.
A perusal of records shows that the accused has traveled abroad several times 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 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, considering the overall facts and circumstances of the case, in the opinion of this Court, the applicant/accused is entitled to permission of the Court to travel abroad to Mozambique (as orally requested), Italy, Spain, Czech Republic, UK, USA & Venezuela from 01.02.2024 to 20.02.2024, 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/23.01.2024.
(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.
U/s 120-B/420 IPC
(3) CNR No. DLCT11-000452-2019
ED vs. M/s Jindal Steel and Power Ltd. & Ors.
23.01.2024
Present: Ld. DLA Sh. A.P. Singh for CBI along with IO ASP Sh.
Ajeet Singh.
Ld. Special PPs Sh. Rajesh Batra, Sh. N.K. Matta along
with Ld. Advocates Ms. Sonia Kukreja, and Sh. Ansh Singh
Luthra (all through VC) and Ld. Advocates Sh. Prabhas
Bajaj and Ms. Jyoti Khattar for DoE.
Applicant/accused Sh. Naveen Jindal (through VC) with
Ld. Counsels Sh. Rajeev Goyal and Sh. Gurpreet
Singh Parwanda.
APPLICATIONS ON BEHALF OF SH. NAVEEN
JINDAL FOR PERMISSION TO TRAVEL TO ITALY, SPAIN,
CZECH REPUBLIC, UK, USA AND VENEZUELA FROM
01.02.2024 TO 20.02.2024.
This order shall dispose off the applications of the
applicant/accused Sh. Naveen Jindal seeking permission to travel to
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Italy, Spain, Czech Republic, UK, USA and Venezuela from
01.02.2024 to 20.02.2024, in connection with his business interests.
In addition to these countries, Ld. Counsel for
applicant/accused Sh. Naveen Jindal has also orally requested to grant
permission to the applicant/accused to visit one more country i.e.
Mozambique during the aforesaid period.
It is mentioned in these applications that the
applicant/accused Sh. Naveen Jindal was granted permission to travel
to Italy, Spain, Czech Republic and UK from 15.01.2024 to
20.01.2024 vide order dated 12.01.2024. However, due to
rescheduling of the meetings the applicant did not travel on those
dates.
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 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 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 neither 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.
Replies not filed by CBI and DoE. However, they have
raised formal objections to these applications.
A perusal of records shows that the accused has traveled
abroad several times 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
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, considering the overall facts and
circumstances of the case, in the opinion of this Court, the
applicant/accused is entitled to permission of the Court to travel
abroad to Mozambique (as orally requested), Italy, Spain, Czech
Republic, UK, USA & Venezuela from 01.02.2024 to 20.02.2024,
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.
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.
Page 3 of 4
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.
He will also provide the address where he would be
staying in Mozambique during this period.
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/23.01.2024.
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