Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 36
Filing Date: Fri, 13 Jul 2018
Order Date: Tue, 26 Apr 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 & 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
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 Ld. ALA for CBI, Ld. Counsel for ED as well as applicant Sh. Naveen Jindal) in the presence of:
Present:
Ld. ALA Sh. V.K. Sharma (through VC), Ld. Sr. PP Sh. A.P. Singh, Ld. DLA Sh. Sanjay Kumar and Ld. Sr. PP 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. Counsels Sh. Vijay Aggarwal and Sh. Nagesh Behl for applicant/accused Sh. Naveen Jindal.
THREE APPLICATIONS DATED 20.04.2022 ON BEHALF OF APPLICANT/ACCUSED SH. NAVEEN JINDAL FOR SEEKING PERMISSION TO TRAVEL TO NIGERIA, GUINEE, GHANA & MOZAMBIQUE FROM 30.04.2022 TO 07.05.2022 AND TO ITALY, UK AND USA FROM 14.05.2022 TO 01.06.2022.
This order shall dispose of the applications dated 20.04.2022 moved on behalf of applicant/accused Sh. Naveen Jindal for seeking permission to travel to Nigeria, Guinee, Ghana & Mozambique from 30.04.2022 to 07.05.2022 and to Italy, UK and USA from 14.05.2022 to 01.06.2022.
It is mentioned in the applications that the applicant/accused Sh. Naveen Jindal, for business interests is required to travel to Nigeria from 30.04.2022 to 02.05.2022, to Guinee from 02.05.2022 to 03.05.2022, to Ghana from 03.05.2022 to 04.05.2022 and to Mozambique from 04.05.2022 to 07.05.2022 to hold business meetings. Invitations to travel Nigeria, Guinee, Ghana and Mozambique are enclosed with these applications as Annexure A-1, Annexure A-2, Annexure A-3 and Annexure A-4 respectively. Thereafter, the applicant/accused Sh. Naveen Jindal will return to India and thereafter he will again travel to Italy from 14.05.2022 to 19.05.2022 to attend the marriage ceremony of his niece. The invitation in this regard is enclosed with these applications as Annexure A-5 . Thereafter, the applicant/accused is required to travel to UK from 19.05.2022 to 22.05.2022 and to USA from 22.05.2022 to 01.06.2022 to hold business meetings. The invitations to travel to UK and USA are enclosed with these applications as Annexure A-6 and Annexure A-7 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 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.
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 Nigeria, Guinee, Ghana & Mozambique from 30.04.2022 to 07.05.2022 and to Italy, UK and USA from 14.05.2022 to 01.06.2022
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/26.04.2022
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
CRC No. 01/2019 (Old CRC No. 08/18)
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
Ld. ALA for CBI, Ld. Counsel for ED as well as applicant Sh. Naveen Jindal)
in the presence of:
26.04.2022
Present: Ld. ALA Sh. V.K. Sharma (through VC), Ld. Sr. PP Sh. A.P. Singh,
Ld. DLA Sh. Sanjay Kumar and Ld. Sr. PP 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. Counsels Sh. Vijay Aggarwal and Sh. Nagesh Behl for
applicantilaccused Sh. Naveen Jindal.
Page 1 of 4
THREE APPLICATIONS DATED 20.04.2022 ON BEHALF OF
APPLICANT/ACCUSED SH. NAVEEN JINDAL FOR SEEKING PERMISSION TO
TRAVEL TO NIGERIA, GUINEE, GHANA & MOZAMBIQUE FROM 30.04.2022
TO 07.05.2022 AND TO ITALY, UK AND USA FROM 14.05.2022 TO 01.06.2022.
This order shall dispose of the applications dated 20.04.2022 moved
on behalf of applicant/accused Sh. Naveen Jindal for seeking permission to travel
to Nigeria, Guinee, Ghana & Mozambique from 30.04.2022 to 07.05.2022 and to
Italy, UK and USA from 14.05.2022 to 01.06.2022.
It is mentioned in the applications that the applicant/accused Sh.
Naveen Jindal, for business interests is required to travel to Nigeria from
30.04.2022 to 02.05.2022, to Guinee from 02.05.2022 to 03.05.2022, to Ghana
from 03.05.2022 to 04.05.2022 and to Mozambique from 04.05.2022 to
07.05.2022 to hold business meetings. Invitations to travel Nigeria, Guinee,
Ghana and Mozambique are enclosed with these applications as Annexure A-1,
Annexure A-2, Annexure A-3 and Annexure A-4 respectively. Thereafter, the
applicant/accused Sh. Naveen Jindal will return to India and thereafter he will
again travel to Italy from 14.05.2022 to 19.05.2022 to attend the marriage
ceremony of his niece. The invitation in this regard is enclosed with these
applications as Annexure A-5. Thereafter, the applicant/accused is required to
travel to UK from 19.05.2022 to 22.05.2022 and to USA from 22.05.2022 to
01.06.2022 to hold business meetings. The invitations to travel to UK and USA are
enclosed with these applications as Annexure A-6 and Annexure A-7
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 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
Page 2 of 4
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.
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 Nigeria,
Guinee, Ghana & Mozambique from 30.04.2022 to 07.05.2022 and to Italy, UK
and USA from 14.05.2022 to 01.06.2022
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)
Page 3 of 4
He shall inform to the IO 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 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. 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.
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/26.04.2022
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