Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 27
Filing Date: Fri, 13 Jul 2018
Order Date: Mon, 21 Feb 2022
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 and
Section 7, 12 and 13 (1) (d) PC Act, 1988
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 & Power Ltd. (JSPL) & Ors.
U/s 120-B/420 IPC
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 & Power Ltd & Ors.
Offence u/s 3 and punishable u/s 4 PMLA, 2002
Pursuant to the Order No. Power Gaz./RACC/2022/5828-5913-C dated 11.02.2022 passed in response to Order No. 67/RG/DHC/2022 dated 11.02.2022 of the Registrar General, Hon'ble High Court of Delhi, New Delhi, the undersigned is directed to hold physical Court today.
The hearing of the present matter is being taken up in hybrid form i.e. physically as well as via Cisco WebEx Platform (on the request of Ld. Prosecutors/Ld. Counsel) in the presence of:
Present:
Ld. ALA Sh. V.K. Sharma for CBI (through VC).
Ld. Special PP Sh. N.K. Matta along with Ld. Counsel Sh. Ansh Singh Luthra for ED (through VC).
Sh. Rajiv Goyal and Sh. Gurpreet Singh Parwanda, Ld. Counsel for applicant/accused Naveen Jindal.
THREE APPLICATIONS DATED 17.02.2022 ON BEHALF OF APPLICANT/ACCUSED SH. NAVEEN JINDAL FOR SEEKING PERMISSION TO GUINEA AND MOZAMBIQUE FROM 22.02.2022 TO 27.02.2022.
This order shall dispose of the present three applications of the applicant/accused Sh. Naveen Jindal seeking permission to travel to Guinea and Mozambique from 22.02.2022 to 27.02.2022.
It is mentioned in the said applications that it is one of the conditions of the order on bail dated 22.05.2015, 04.09.2017 and 15.10.2018 (in cases bearing CC No. 248/2019, CC No. 314/2019 and CR No.01/2019 respectively) that the applicant Sh. Naveen Jindal shall not leave the country without permission of the Court.
It is further mentioned in the applications that the 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/accused Sh. Naveen Jindal, for business interest, will be travelling to Guinea from 22.02.2022 to 24.02.2022 and to Mozambique from 24.02.2022 to 27.02.2022. The invitation to travel to Guinea along with its translation into English and the invitation to travel to Mozambique are enclosed with these applications as Annexure A-1 and Annexure A-2 respectively.
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 he will not dispute his identity and will not challenge proceedings conducted during this period. It is further stated 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.
On behalf of CBI and ED, reply is not filed but the applications have been opposed by Sh. V.K. Sharma, Ld. ALA for CBI and Sh. Rajesh Batra, Ld. Counsel for ED. They submitted that though the accused has traveled abroad with the permission of the Court in the past, the present application be disposed of taking into account the present facts and circumstances of the case.
This Court has considered the submissions made on behalf of Ld. Counsel for the applicant/accused, Sh. V.K. Sharma, Ld. ALA for CBI and Sh. Rajesh Batra, Ld. Counsel for 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.
Therefore, in the considered opinion of this Court, the applicant/accused is entitled to permission of the Court to travel to Guinea and Mozambique from 22.02.2022 to 27.02.2022.
The conditions for this permission shall be as under:-
Put up the matters now on their respective next dates of hearing.
(Arun Bhardwaj)
Special Judge, (PC Act) CBI), Coal Block Cases-01, RADC New Delhi/21.02.2022
(1) CNR No. DLCT11-000949-2019
CC No. 248/2019 (Old CC Nos. 44/2016 & 03/15)
CBI Vs. Mis. Jindal Steel and Power Ltd. & Ors.
Uls. 120-B IPC, 120-B/420 IPC and
(2) CNR No. DLCT11-001302-2019
CBI Vs. M/s Jindal Steel & Power Ltd. (JSPL) & Ors.
Uls 120-B/420 IPC
(3) CNR No. DLCT11-000452-2019
ECIR No. 12/DLZ0/2014
Branch: Delhi Zonal Office, Zone-ll.
ED Vs. Mis Jindal Steel & Power Ltd & Ors.
Pursuant to the Order No. Power Gaz./RACC/2022/5828-5913-C dated
11.02.2022 passed in response to Order No. 67/RG/DHC/2022 dated 11.02.2022 of
the Registrar General, Hon'ble High Court of Delhi, New Delhi, the undersigned is
directed to hold physical Court today.
The hearing of the present matter is being taken up in hybrid form
i.e. physically as well as via Cisco WebEx Platform (on the request of Ld. Prose-
cutors/Ld. Counsel) in the presence of:
21.02.2022
Present: Ld. ALA Sh. V.K. Sharma for CBI (through VC).
Ld. Special PP Sh. N.K. Matta along with Ld. Counsel Sh. Ansh Singh
Luthra for ED (through VC).
Sh. Rajiv Goyal and Sh. Gurpreet Singh Parwanda, Ld. Counsel for
applicantilaccused Naveen Jindal.
THREE APPLICATIONS DATED 17.02.2022 ON BEHALF OF
APPLICANTIACCUSED SH. NAVEEN JINDAL FOR SEEKING PERMISSION TO
GUINEA AND MOZAMBIQUE FROM 22.02.2022 TO 27.02.2022.
Page 1 of 4
This order shall dispose of the present three applications of the
applicant/accused Sh. Naveen Jindal seeking permission to travel to Guinea and
Mozambique from 22.02.2022 to 27.02.2022.
It is mentioned in the said applications that it is one of the conditions of the
order on bail dated 22.05.2015, 04.09.2017 and 15.10.2018 (in cases bearing CC No.
248/2019, CC No. 314/2019 and CR No.01/2019 respectively) that the applicant Sh.
Naveen Jindal shall not leave the country without permission of the Court.
It is further mentioned in the applications that the 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/accused Sh.
Naveen Jindal, for business interest, will be travelling to Guinea from 22.02.2022 to
24.02.2022 and to Mozambique from 24.02.2022 to 27.02.2022. The invitation to travel
to Guinea along with its translation into English and the invitation to travel to
Mozambique are enclosed with these applications as Annexure A-1 and Annexure A-2
respectively.
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 he will not dispute his identity and will not challenge
proceedings conducted during this period. It is further stated that he has instructed his
Page 2 of 4
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.
On behalf of CBI and ED, reply is not filed but the applications have been
opposed by Sh. V.K. Sharma, Ld. ALA for CBI and Sh. Rajesh Batra, Ld. Counsel for
ED. They submitted that though the accused has traveled abroad with the permission of
the Court in the past, the present application be disposed of taking into account the
present facts and circumstances of the case.
This Court has considered the submissions made on behalf of Ld.
Counsel for the applicant/accused, Sh. V.K. Sharma, Ld. ALA for CBI and Sh. Rajesh
Batra, Ld. Counsel for 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.
Therefore, in the considered opinion of this Court, the applicant/accused is
entitled to permission of the Court to travel to Guinea and Mozambique from 22.02.2022
to 27.02.2022.
Page 3 of 4
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 In-
dia 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 re-
turn.
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 ex-
cept the permission from the side of the Court.
His Advocate Sh. Rajeev Goyal shall undertake to accept no-
tice 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 im-
mediately 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 three applications are disposed of accordingly.
Special Judge, (PC Act) CBI),
Coal Block Cases-01, RADC
New Delhi/21.02.2022
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