Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 33
Filing Date: Fri, 13 Jul 2018
Order Date: Wed, 06 Apr 2022
Order Description: COPY OF JUDICIAL PROCEEDINGS
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 & Section 7, 12 & 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 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
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 ED as well as applicant Sh. Naveen Jindal) in the presence of:
06.04.2022
Present:
Ld. ALA Sh. V.K. Sharma, Ld. Sr. PPs Sh. A.P. Singh and Sh. N.P. Srivastava for CBI.
Ld. Counsel Sh. Rajesh Batra, Ld. Special PP Sh. N.K. Matta along with Ld. Advocates Sh. Ansh Singh Luthra and Ms. Sonia Kukreja for Directorate of Enforcement (all through VC).
Applicant/accused Sh. Naveen Jindal (through VC).
Ld. Counsel Sh. Gurpreet Singh Parwanda for applicant/ accused Sh. Naveen Jindal.
THREE APPLICATIONS DATED 05.04.2022 ON BEHALF OF APPLICANT/ACCUSED SH. NAVEEN JINDAL FOR SEEKING PERMISSION TO
This order shall dispose of the applications dated 05.04.2022 moved on behalf of applicant/accused Sh. Naveen Jindal for seeking permission to travel to UAE, Oman, Nigeria, Guinea, Venezuela and Liberia from 08.04.2022 to 18.04.2022.
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 has been 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 is required to travel to UAE from 08.04.2022 to 09.04.2022, to Oman from 09.04.2022 to 10.04.2022, to Nigeria from 10.04.2022 to 11.04.2022, to Guinea from 11.04.2022 to 13.04.2022, to Venezuela from 16.04.2022 to 16.04.2022 and to Liberia from 16.04.2022 to 17.04.2022 and thereafter he will return to India on 18.04.2022. The invitations in
this regard are enclosed with these applications as Annexure A-1, Annexure A-2, Annexure A-3 (colly) and Annexure A-4.
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 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.
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 the applications be disposed of taking into account the present facts and circumstances of the case and also subject to the condition that the proceedings should not be hampered during the period of his travel abroad.
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 one matter (CC No. 314/2019), further investigation is 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. In the third case which is CR No. 1/2019, supplementary complaint is under consideration of the Court.
Therefore, in the considered opinion of this Court, the applicant/accused is entitled to permission of the Court to travel abroad to UAE, Oman, Nigeria, Guinea, Venezuela and Liberia from 08.04.2022 to 18.04.2022.
The conditions for this permission shall be as under:-
Put up the matters now on their respective next dates of hearing.
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/06.04.2022
IN THE COURT OF SH. ARUN BHARDWAJ, SPECIAL JUDGE (PC ACT) (CBI),
(1)
(2)
(3)
COAL BLOCK CASES-01, RADC, NEW DELHI
CNR NO. DLCT11-000949-2019
CC NO. 248/2019 (Old CC Nos. 44/2016 & 03/15)
CBI vs. M/s Jindal Steel and Power Ltd. & Ors.
Uls. 120-B IPC, 120-B/420 IPC & Section 7, 12 & 13(1)(d) PC Act,1988
CNR No. DLCT11-001302-2019
CBI vs. M/s Jindal Steel and Power Ltd. (JSPL) & Ors.
UIs 120-B/420 IPC
CNR No. DLCT11-000452-2019
ECIR No. 12/DLZ0/2014
Branch: Delhi Zonal Office, Zone-ll.
ED vs. M/s Jindal Steel and Power Ltd. & Ors.
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
ED as well as applicant Sh. Naveen Jindal) in the presence of:
Present: Ld. ALA Sh. V.K. Sharma, Ld. Sr. PPs Sh. A.P. Singh and Sh. N.P.
Srivastava for CBI.
Ld. Counsel Sh. Rajesh Batra, Ld. Special PP Sh. N.K. Matta
along with Ld. Advocates Sh. Ansh Singh Luthra and Ms. Sonia
Kukreja for Directorate of Enforcement (all through VC).
Ld. Counsel Sh. Gurpreet Singh Parwanda for applicant/
accused Sh. Naveen Jindal.
THREE APPLICATIONS DATED 05.04.2022 ON BEHALF OF
APPLICANTIACCUSED SH. NAVEEN JINDAL FOR SEEKING PERMISSION TO
Page 1 of 5
TRAVEL TO UAE, OMAN, NIGERIA, GUINEA, VENEZUELA AND LIBERIA
FROM 08.04.2022 TO 18.04.2022.
This order shall dispose of the applications dated 05.04.2022 moved
on behalf of applicant/accused Sh. Naveen Jindal for seeking permission to travel
to UAE, Oman, Nigeria, Guinea, Venezuela and Liberia from 08.04.2022 to
18.04.2022.
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 has been 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 is required to travel to UAE from
08.04.2022 to 09.04.2022, to Oman from 09.04.2022 to 10.04.2022, to Nigeria
from 10.04.2022 to 11.04.2022, to Guinea from 11.04.2022 to 13.04.2022, to
Venezuela from 16.04.2022 to 16.04.2022 and to Liberia from 16.04.2022 to
17.04.2022 and thereafter he will return to India on 18.04.2022. The invitations in
Page 2 of 5
this regard are enclosed with these applications as Annexure A-1, Annexure A-2,
Annexure A-3 (colly) and Annexure A-4.
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 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.
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 the applications be disposed of taking into
account the present facts and circumstances of the case and also subject to the
condition that the proceedings should not be hampered during the period of his
travel abroad.
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 one matter (CC No. 314/2019), further
investigation is going on and only in one matter prosecution evidence (in CC No.
Page 3 of 5
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. In the third case which is CR No. 1/2019,
supplementary complaint is under consideration of the Court.
Therefore, in the considered opinion of this Court, the
applicant/accused is entitled to permission of the Court to travel abroad to UAE,
Oman, Nigeria, Guinea, Venezuela and Liberia from 08.04.2022 to 18.04.2022.
He shall furnish FD for a sum of Rs. One crore (Cumula-
tively 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 ti-
tled 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 permis-
sion granted to him so as to hamper the trial in any man-
ner.
This permission shall be subject to other applicable
rules and will not be deemed as directions to any au-
thority except the permission from the side of the
Court.
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.
Page 4 of 5
These applications are accordingly disposed of.
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/06.04.2022
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