Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 180
Filing Date: Fri, 13 Jul 2018
Order Date: Fri, 22 Mar 2024
Order Description: COPY OF ORDER
Status: Arguments on Charge
Stage: Arguments on Charge
(1) IA 50/24; 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)
IA-38/24; CNR No. DLCT11-001302-2019
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) IA-44/24; 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
Present:
Ld. DLA Sh. A.P. Singh (through VC) and Ld. ALA Sh. Sanjay Kumar for CBI.
Ld. Special PPs Sh. Rajesh Batra, Sh. N.K. Matta and Ld. Counsels Ms. Sonia Kukreja Mr. Ansh Singh Luthra Ms. Jyoti Khattar for DoE (all through VC).
Applicant/accused Sh. Naveen Jindal (through VC) with Ld. Counsel Sh. Gurpreet Singh Parwanda.
APPLICATIONS DATED 21.03.2024 ON BEHALF OF SH. NAVEEN JINDAL FOR PERMISSION TO TRAVEL TO OMAN, UAE, GERMANY, UK, ITALY, NORWAY, CZECH REPUBLIC, SPAIN, SLOVAKIA, VENEZUELA, PERU, CURACAO, ARGENTINA, COLOMBIA, BRAZIL, SURINAME FROM 28.03.2024 TO 25.04.2024.
This order shall dispose off the applications of the applicant/accused Sh. Naveen Jindal seeking permission to travel to
Oman, UAE, Germany, UK, Italy, Norway, Czech Republic, Spain, Slovakia, Venezuela, Peru, Curacao, Argentina, Colombia, Brazil, Suriname 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, the applications are opposed by Ld. DLA for CBI Sh. A.P. Singh and Ld. Special PP for DoE Sh. Rajesh Batra.
The Ld. DLA for CBI Sh. A.P. Singh submitted that during this period cases are listed for prosecution evidence and therefore, in case the presence of the accused would be required, it be
directed that the accused shall join the proceedings online. The Ld. Counsel for applicant/accused submitted that in case any such direction is passed by the Court, the applicant/accused will join the proceedings online.
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 i.e. Oman, UAE, Germany, UK, Italy, Norway, Czech Republic, Spain, Slovakia, Venezuela, Peru, Curacao, Argentina, Colombia, Brazil, Suriname from 28.03.2024 to 25.04.2024, 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/22.03.2024
(1) 1A50/24; 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) IA-38/24; CNR No. DLCT11-001302-2019
CBI vs. M/s Jindal Steel and Power Ltd. (JSPL) & Ors.
ED vs. M/s Jindal Steel and Power Ltd. & Ors.
22.03.2024
Present: Ld. DLA Sh. A.P. Singh (through VC) and Ld. ALA Sh.
Sanjay Kumar for CBI.
Ld. Special PPs Sh. Rajesh Batra, Sh. N.K. Matta and Ld.
Counsels Ms. Sonia Kukreja Mr. Ansh Singh Luthra Ms.
Jyoti Khattar for DoE (all through VC).
Applicant/accused Sh. Naveen Jindal (through VC) with
Ld. Counsel Sh. Gurpreet Singh Parwanda.
APPLICATIONS DATED 21.03.2024 ON BEHALF OF SH.
NAVEEN JINDAL FOR PERMISSION TO TRAVEL TO OMAN,
UAE, GERMANY, UK, ITALY, NORWAY, CZECH REPUBLIC,
SPAIN, SLOVAKIA, VENEZUELA, PERU, CURACAO,
ARGENTINA, COLOMBIA, BRAZIL, SURINAME FROM
28.03.2024 TO 25.04.2024.
This order shall dispose off the applications of the
applicant/accused Sh. Naveen Jindal seeking permission to travel to
Page 1 of 4
Oman, UAE, Germany, UK, Italy, Norway, Czech Republic, Spain,
Slovakia, Venezuela, Peru, Curacao, Argentina, Colombia, Brazil,
Suriname 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, the
applications are opposed by Ld. DLA for CBI Sh. A.P. Singh and Ld.
Special PP for DoE Sh. Rajesh Batra.
The Ld. DLA for CBI Sh. A.P. Singh submitted that
during this period cases are listed for prosecution evidence and
therefore, in case the presence of the accused would be required, it be
Page 2 of 4
directed that the accused shall join the proceedings online. The Ld.
Counsel for applicant/accused submitted that in case any such
direction is passed by the Court, the applicant/accused will join the
proceedings online.
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 i.e. Oman, UAE, Germany, UK, Italy, Norway, Czech
Republic, Spain, Slovakia, Venezuela, Peru, Curacao, Argentina,
Colombia, Brazil, Suriname from 28.03.2024 to 25.04.2024, 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.
In case the presence of accused is required during this
period, he will join the proceedings online.
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/22.03.2024
Page 4 of 4