Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 208
Filing Date: Fri, 13 Jul 2018
Order Date: Fri, 18 Oct 2024
Order Description: COPY OF ORDER
Status: Arguments on Charge
Stage: Arguments on Charge
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. Special PPs Sh. Rajesh Batra, Sh. N.K. Matta and Ld. Advocates Ms. Sonia Kukreja, Sh. Ansh Singh Luthra, Sh. Prabhas Bajaj (all through VC) and Ms. Jyoti Khattar for ED.
Ld. Counsels Ms. Ana Upadhyay for Applicant/accused No.
12 Sh. Rajeev Agarwal
IA No. 51/2024: APPLICATION DATED 14.10.2024 FILED ON BEHALF OF ACCUSED NO. 12 MR. RAJEEV AGARWAL SEEKING PERMISSION FOR TRAVEL TO ARIZONA, THE UNITED STATES OF AMERICA FROM 20.12.2024 TO 12.01.2025.
This order shall dispose of the present application of the applicant/accused no. 12 Sh. Rajeev Agarwal seeking permission to travel abroad to Arizona, The United States of America from 20.12.2024 to meet his son Mr. Saurabh Agarwal, for personal family time.
It is mentioned in the application that applicant/accused Rajeev Agarwal was granted bail vide order dated 15.10.2018 on certain conditions [Copy of order dated 15.10.2018 is enclosed with this application as Annexure-I]. It is further mentioned in the application that the applicant/accused has been diligent, compliant and co-operative with the investigation agencies had never misused/ breached any conditions imposed by this court at the time of granting him bail.
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It is further mentioned in the application that the applicant/accused is a permanent resident of Mumbai and has deep roots in the society and has never involved in any offence whatsoever in any manner and has clean antecedents.
Through this application, the applicant/accused has provided the details of flight tickets and traveling details during the above mentioned period. He has also provided the detail of the address where he will be staying during his visit.
It is further mentioned in the application that earlier also, the applicant/accused Sh. Rajeev Agarwal has traveled on several occasions as per permission granted to him by this court. Details of previous travels of applicant/accused is mentioned at para 5 of the present application in a tabular form.
It is further mentioned in the application that the applicant/accused is not the main accused and is wrongly arrayed as an accused in the present matter. With respect to the transaction alleged in the complaint, the CBI has registered an FIR No. RC-219 2013(E) 0006, u/s 120-B, 409 and 420 of IPC r/w Section 13(1)(c) and 13(1)(d) of PC Act, 1988 against various accused persons. He was earlier wrongly arraigned as Accused No. 17 through Supplementary Chargesheet No. 06/2017 dated 22.03.2017 filed by CBI in Criminal Case No. 44 of 2016 pending before this court. However, at the time of framing of charges, this court, vide order dated 13.07.2018 [Copy of said order is enclosed with this application as Annexure-II] was pleased to discharge the applicant from all charges in the said case which is relating to the same transaction alleged in the present complaint.
Ld. Special PP Sh. Rajesh Batra has formally opposed the application.
This Court has considered the submissions made on behalf of Ld. Counsel for the applicant/accused no. 12 and Ld. Special PP for DoE.
A perusal of record shows that earlier also, the accused has traveled abroad on several occasions and has complied with all the conditions imposed by the court. The applicant/accused has undertaken in the present application that he will not dispute his identity and will comply with any condition imposed by this court.
Therefore, in the considered opinion of this Court, the applicant/accused no. 12 Rajeev Agarwal is entitled to permission of the Court to travel to Arizona, United States of America from 20.12.2024 to 12.01.2025 to meet his son Mr. Saurabh Agarwal.
The conditions for this permission shall be as under:-
intimate the applicant and the applicant shall return to India within 48 hours.
As prayed, copy of this order be given dasti to Ld. Counsel for applicant/accused.
Arun Bhardwaj Special Judge (PC Act) (CBI) Coal Block Cases-01, RADC, New Delhi/18.10.2024
ED vs. M/s Jindal Steel and Power Ltd. & Ors.
18.10.2024
Present: Ld. Special PPs Sh. Rajesh Batra, Sh. N.K. Matta and Ld.
Advocates Ms. Sonia Kukreja, Sh. Ansh Singh Luthra, Sh.
Prabhas Bajaj (all through VC) and Ms. Jyoti Khattar for
ED.
IA No. 51/2024: APPLICATION DATED 14.10.2024
FILED ON BEHALF OF ACCUSED NO. 12 MR. RAJEEV AGARWAL
SEEKING PERMISSION FOR TRAVEL TO ARIZONA, THE UNITED
STATES OF AMERICA FROM 20.12.2024 TO 12.01.2025.
This order shall dispose of the present application of the
applicant/accused no. 12 Sh. Rajeev Agarwal seeking permission to
travel abroad to Arizona, The United States of America from 20.12.2024
to meet his son Mr. Saurabh Agarwal, for personal family time.
It is mentioned in the application that applicant/accused
Rajeev Agarwal was granted bail vide order dated 15.10.2018 on certain
conditions [Copy of order dated 15.10.2018 is enclosed with this
application as Annexure-I]. It is further mentioned in the application that
the applicant/accused has been diligent, compliant and co-operative with
the investigation agencies had never misused/ breached any conditions
imposed by this court at the time of granting him bail.
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It is further mentioned in the application that the
applicant/accused is a permanent resident of Mumbai and has deep roots
in the society and has never involved in any offence whatsoever in any
manner and has clean antecedents.
Through this application, the applicant/accused has
provided the details of flight tickets and traveling details during the
above mentioned period. He has also provided the detail of the address
where he will be staying during his visit.
It is further mentioned in the application that earlier also,
the applicant/accused Sh. Rajeev Agarwal has traveled on several
occasions as per permission granted to him by this court. Details of
previous travels of applicant/accused is mentioned at para 5 of the
present application in a tabular form.
It is further mentioned in the application that the
applicant/accused is not the main accused and is wrongly arrayed as an
accused in the present matter. With respect to the transaction alleged in
the complaint, the CBI has registered an FIR No. RC-219 2013(E) 0006,
u/s 120-B, 409 and 420 of IPC r/w Section 13(1)(c) and 13(1)(d) of PC
Act, 1988 against various accused persons. He was earlier wrongly
arraigned as Accused No. 17 through Supplementary Chargesheet No.
06/2017 dated 22.03.2017 filed by CBI in Criminal Case No. 44 of 2016
pending before this court. However, at the time of framing of charges,
this court, vide order dated 13.07.2018 [Copy of said order is enclosed
with this application as Annexure-II] was pleased to discharge the
applicant from all charges in the said case which is relating to the same
transaction alleged in the present complaint.
Page 2 of 4
Ld. Special PP Sh. Rajesh Batra has formally opposed the
application.
This Court has considered the submissions made on behalf
of Ld. Counsel for the applicant/accused no. 12 and Ld. Special PP for
DoE.
A perusal of record shows that earlier also, the accused has
traveled abroad on several occasions and has complied with all the
conditions imposed by the court. The applicant/accused has undertaken
in the present application that he will not dispute his identity and will
comply with any condition imposed by this court.
Therefore, in the considered opinion of this Court, the
applicant/accused no. 12 Rajeev Agarwal is entitled to permission of the
Court to travel to Arizona, United States of America from 20.12.2024 to
12.01.2025 to meet his son Mr. Saurabh Agarwal.
• He shall furnish FD for a sum of Rs.10,00,000/- (Rupees Ten
Lakh Only).
• He shall inform to the IO and the Court about his arrival to
India mentioning the details of the places visited by him alongwith 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. Siddhesh Kotwal 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
Page 3 of 4
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.
The present application is accordingly disposed of.
As prayed, copy of this order be given dasti to Ld. Counsel
for applicant/accused.
Arun Bhardwaj
Special Judge (PC Act) (CBI)
Coal Block Cases-01, RADC,
New Delhi/18.10.2024
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