Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 23
Filing Date: Fri, 13 Jul 2018
Order Date: Fri, 14 Jan 2022
Order Description: COPY OF ORDER
Status: Arguments on Charge
Stage: Arguments on Charge
(1) CNR NO. DLCT11-000949-2019
CC NO. 248 (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 & Section 7, 12 & 13(1)(d) PC Act,1988
(2) 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) 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
Vide office order No. 896/RG/DHC/2021 dated 30.12.2021, it has been directed that District Courts in Delhi w.e.f. 03.01.2022 to 15.01.2022 shall hold courts through virtual mode only.
The hearing of the present matter is being taken up via Cisco WebEx Platform in the presence (on-screen) of:
Present:
Ld. ALA Sh. V.K. Sharma, Ld. DLA Sh. Sanjay Kumar and Ld. Sr. PP Sh. A.P. Singh for CBI along with IO/Dy. SP. Ajeet Singh.
Ld. Counsel Sh. Rajesh Batra, Ld. Special PP Sh. N.K. Matta along with Ld. Advocates Sh. Ansh Singh Luthra , Sh. Prabhas Bajaj and Ms. Sonia Kukreja for Directorate of Enforcement.
Ld. Counsel Sh. Hemant Shah for applicant/accused Sh. Naveen Jindal.
APPLICATIONS DATED 13.01.2022 ON BEHALF OF APPLICANT/ACCUSED SH. NAVEEN JINDAL FOR SEEKING PERMISSION TO TRAVEL TO UAE AND MOZAMBIQUE FROM 20.01.2022 TO 30.01.2022.
This order shall dispose of the above mentioned three applications dated 13.01.2022 moved on behalf of applicant/accused Sh. Naveen Jindal seeking permission to travel to UAE and Mozambique from 20.01.2022 to 30.01.2022.
It is mentioned in the applications that it is one of the conditions of the order on bail dated 15.10.2018 that the applicant Sh. Naveen Jindal shall not leave the country without permission of the Court.
It has been further mentioned in the applications that this Court vide its order dated 13.03.2019 was pleased to allow the present applicant to travel abroad under written intimation to the Court no longer than 3 (three) days before the actual date of journey during the pendency of the trial but the Court vide its order dated 12.10.2020 had kept its previous order dated 13.03.2019 in abeyance till further dates.
The applicant has further mentioned that he was given permission to travel abroad in the past on several occasions and the applicant has returned back well in time and never misused the liberty granted by the Court and always complied with the conditions imposed by the court.
The applicant has mentioned in the application in detail his vocation in life, stints as Parliamentarian and his involvement in various fields including education as Chancellor of O.P. Jindal Global University.
It is further mentioned in the applications that the applicant is required to travel from 20.01.2022 to 24.01.2022 to hold important meetings with Ministers of Commerce & Industry and Investment Promotion as well as Energy and Minerals in UAE. The invitation in this regard is annexed with these applications as Annexure A. It is also mentioned in the applications that the applicant is also required to travel to Mozambique from 24.01.2022 to 30.01.2022 to hold important meetings with the President of Republic of Mozambique, Ministers of Commerce and Finance &
Investment Promotion as well as Ministry of Mines & Energy. The invitations in this regard are also annexed with these applications as Annexure A-2.
The applicant has mentioned in the applications the details of the addresses where he would be staying during this period.
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 as the matters are now put up for 15.01.2022, (awaiting report of further investigation in CR Case No. 01/2019), 17.01.2022, 18.01.2022 and 19.01.2022 (for further prosecution evidence in CC No. 248/2019) and the applicant is going abroad only after attending the said matters excluding the one case bearing CC No. 314/2019 which is fixed for 21.01.2022 and that too is for awaiting progress report of further investigation.
The applicant has also mentioned in the applications that he has instructed his Counsel not to seek any adjournment in the matter on the ground of his absence. The applicant has mentioned that he shall appear through his Counsel Sh. Rajeev Goyal and/or Mr. Gurpreet S. Parwanda on each and every date and shall remain present himself as and when so directed and his presence is required in connection with the present three cases.
The applicant has also given his mobile number, where he would be always available.
The applicant has mentioned that considering his position in society, there is no possibility of his fleeing away from justice as he has deep roots in Delhi and has substantial business interests in India.
Neither CBI nor the ED has filed any written reply. However, they have formally opposed the applications of the applicant/accused Sh. Naveen Jindal seeking permission to visit abroad and submitted that though the accused has travelled abroad
with the permission of the Court in the past also, the present applications be disposed of taking into account the present facts and circumstances of the cases.
This Court has considered the submissions made on behalf of CBI as well as ED.
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, in two matters (CR Case No. 01/2019 and CC No. 314/2019) , further investigations are going on and only in one matter prosecution evidence (in CC No. 248/2019) was 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 and Mozambique from 20.01.2022 to 30.01.2022.
The conditions for this permission shall be as under: -
Put up the matters now on their respective next dates of hearing.
A digitally signed copy of this order be displayed on the website of RADC and CIS.
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ARUN BHARDWAJ Special Judge (PC Act) (CBI) Coal Block Cases-01, RADC, New Delhi/14.01.2022
IN THE COURT OF SH. ARUN BHARDWAJ, SPECIAL JUDGE (PC ACT) (CBI),
COAL BLOCK CASES-01, RADC, NEW DELHI
CC NO. 248 (Old CC Nos. 44/2016 & 03/15)
CBI vs. M/s Jindal Steel and Power Ltd. & Ors.
U/s. 120-B IPC, 120-B/420 IPC & Section 7, 12 & 13(1)(d) PC Act,1988
CBI vs. M/s Jindal Steel and Power Ltd. (JSPL) & Ors.
ED vs. M/s Jindal Steel and Power Ltd. & Ors.
Vide office order No. 896/RG/DHC/2021 dated 30.12.2021, it has
been directed that District Courts in Delhi w.e.f. 03.01.2022 to 15.01.2022 shall
hold courts through virtual mode only.
The hearing of the present matter is being taken up via Cisco
WebEx Platform in the presence (on-screen) of:
14.01.2022
Present: Ld. ALA Sh. V.K. Sharma, Ld. DLA Sh. Sanjay Kumar and Ld. Sr. PP
Sh. A.P. Singh for CBI along with IO/Dy. SP. Ajeet Singh.
Ld. Counsel Sh. Rajesh Batra, Ld. Special PP Sh. N.K. Matta along
with Ld. Advocates Sh. Ansh Singh Luthra, Sh. Prabhas Bajaj and
Ms. Sonia Kukreja for Directorate of Enforcement.
Ld. Counsel Sh. Hemant Shah for applicant/accused Sh. Naveen
Jindal.
APPLICATIONS DATED 13.01.2022 ON BEHALF OF
APPLICANT/ACCUSED SH. NAVEEN JINDAL FOR SEEKING PERMISSION TO
TRAVEL TO UAE AND MOZAMBIQUE FROM 20.01.2022 TO 30.01.2022.
Page 1 of 5
This order shall dispose of the above mentioned three applications dated
13.01.2022 moved on behalf of applicant/accused Sh. Naveen Jindal seeking
permission to travel to UAE and Mozambique from 20.01.2022 to 30.01.2022.
It is mentioned in the applications that it is one of the conditions of the
order on bail dated 15.10.2018 that the applicant Sh. Naveen Jindal shall not leave
the country without permission of the Court.
It has been further mentioned in the applications that this Court vide its
order dated 13.03.2019 was pleased to allow the present applicant to travel abroad
under written intimation to the Court no longer than 3 (three) days before the actual
date of journey during the pendency of the trial but the Court vide its order dated
12.10.2020 had kept its previous order dated 13.03.2019 in abeyance till further dates.
The applicant has further mentioned that he was given permission to
travel abroad in the past on several occasions and the applicant has returned back
well in time and never misused the liberty granted by the Court and always complied
with the conditions imposed by the court.
The applicant has mentioned in the application in detail his vocation in
life, stints as Parliamentarian and his involvement in various fields including education
as Chancellor of O.P. Jindal Global University.
It is further mentioned in the applications that the applicant is required to
travel from 20.01.2022 to 24.01.2022 to hold important meetings with Ministers of
Commerce & Industry and Investment Promotion as well as Energy and Minerals in
UAE. The invitation in this regard is annexed with these applications as Annexure A. It
is also mentioned in the applications that the applicant is also required to travel to
Mozambique from 24.01.2022 to 30.01.2022 to hold important meetings with the
President of Republic of Mozambique, Ministers of Commerce and Finance &
Page 2 of 5
Investment Promotion as well as Ministry of Mines & Energy. The invitations in this
regard are also annexed with these applications as Annexure A-2.
The applicant has mentioned in the applications the details of the
addresses where he would be staying during this period.
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 as the matters are now put up for 15.01.2022,
(awaiting report of further investigation in CR Case No. 01/2019), 17.01.2022,
18.01.2022 and 19.01.2022 (for further prosecution evidence in CC No. 248/2019)
and the applicant is going abroad only after attending the said matters excluding the
one case bearing CC No. 314/2019 which is fixed for 21.01.2022 and that too is for
awaiting progress report of further investigation.
The applicant has also mentioned in the applications that he has
instructed his Counsel not to seek any adjournment in the matter on the ground of his
absence. The applicant has mentioned that he shall appear through his Counsel Sh.
Rajeev Goyal and/or Mr. Gurpreet S. Parwanda on each and every date and shall
remain present himself as and when so directed and his presence is required in
connection with the present three cases.
The applicant has also given his mobile number, where he would be
always available.
The applicant has mentioned that considering his position in society,
there is no possibility of his fleeing away from justice as he has deep roots in Delhi
and has substantial business interests in India.
Neither CBI nor the ED has filed any written reply. However, they have
formally opposed the applications of the applicant/accused Sh. Naveen Jindal seeking
permission to visit abroad and submitted that though the accused has travelled abroad
Page 3 of 5
with the permission of the Court in the past also, the present applications be disposed
of taking into account the present facts and circumstances of the cases.
This Court has considered the submissions made on behalf of CBI as
well as ED.
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, in two matters (CR Case No. 01/2019 and CC No.
314/2019), further investigations are going on and only in one matter prosecution
evidence (in CC No. 248/2019) was 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 and Mozambique from
20.01.2022 to 30.01.2022.
He shall furnish FD for a sum of Rs. One crore (Cumulatively in all
the 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 and ECIR
No. 12/DLZO/2014 titled ED vs M/s JSPL)
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.
Page 4 of 5
His Advocate Sh. Rajeev Goyal 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.
All the three applications are accordingly disposed of.
A digitally signed copy of this order be displayed on the website of
RADC and CIS.
ARUN BHARDWAJ
Special Judge (PC Act) (CBI)
Coal Block Cases-01, RADC,
New Delhi/14.01.2022
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