Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 97
Filing Date: Fri, 13 Jul 2018
Order Date: Wed, 22 Mar 2023
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
As directed vide Circular No. 255/DHC/Gaz./G-2/2022 dated 11.05.2022 of Hon'ble High Court of Delhi issued in terms of W.P. (C) 6432/2022 and CM Appl.19474-76/2022 titled Raj Gaurav vs Hon'ble High Court of Delhi & Ors dated 11.05.2022 and circulated vide No.2552-64/DHC/Gaz./G-2/2022 dtd. 11.05.2022 & also as communicated vide Orders No.Hybrid Hearing/Gaz./ RACC/Gaz./2022/ 14924C to 14970C dated 17.05.2022 and Hybrid Hearing/Gaz./ RACC/Gaz./2022/15756-15800-C dated 26.05.2022 of Officer InCharge (Judl.), RACC, New Delhi, the hearing of the present matter is being taken up in hybrid form i.e. physically as well as via Cisco WebEx Platform (at the request of ED) in the presence of:
Present:
Ld. Special PPs Sh. Rajesh Batra, Sh. N.K. Matta and Ld. Advocates Sh. Ansh Singh Luthra, Sh. Prabhas Bajaj, Ms. Sonia Kukreja (all through VC) and Ld. Advocate Sh. Shikhar Adholia (physically present in court) for ED.
Applicant/accused Sh. Rajeev Agarwal along with Ld. Proxy Counsel Sh. Akash Singh .
APPLICATION DATED 21.03.2023 FILED ON BEHALF OF APPLICANT/ACCUSED NO. 12 MR. RAJEEV AGARWAL SEEKING PERMISSION TO TRAVEL TO BRAZIL FROM 29.03.2023 TO 02.04.2023.
This order shall dispose of the present application of the applicant/accused Sh. Rajeev Agarwal seeking permission to travel abroad to Brazil from 29.03.2023 to 02.04.2023 on account of business meetings.
It is mentioned in the application that the applicant/accused has to travel to Brazil from 29.03.2023 to 02.04.2023 for the purpose of meeting regarding the manufacturing unit set up in Brazil.
It is further mentioned in the application that this court has granted bail to the applicant/accused Sh. Rajeev Agarwal on 15.10.2018 on certain conditions of the said order which 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.
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 detailed table 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 to Brazil.
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. As per tabular chart filed by Ld. Counsel for the accused, the applicant/accused was given permission to travel abroad once in the year 2018, twice in the year 2019 and twice in the year 2020, though he did not travel when first time permission was given in 2020 because of Covid-19 concerns.
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.
No reply has been filed on behalf of ED. However, Ld. Spl. PP for ED Sh. Rajesh Batra has objected to this application submitting that during the proposed visit, matter will be listed for hearing and the presence of accused is therefore necessary.
This Court has considered the submissions made on behalf of Ld. Counsel for the applicant/accused and Ld. Spl. PP for ED.
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 is entitled to permission of the Court to travel to Brazil from 29.03.2023 to 02.04.2023.
The conditions for this permission shall be as under:-
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/22.03.2023
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
As directed vide Circular No. 255/DHC/Gaz./G-2/2022
dated 11.05.2022 of Hon'ble High Court of Delhi issued in terms of
W.P. (C) 6432/2022 and CM Appl.19474-76/2022 titled Raj Gaurav vs
Hon'ble High Court of Delhi & Ors dated 11.05.2022 and circulated
vide No.2552-64/DHC/Gaz./G-2/2022 dtd. 11.05.2022 & also as commu-
nicated vide Orders No.Hybrid Hearing/Gaz./ RACC/Gaz./2022/
14924C to 14970C dated 17.05.2022 and Hybrid Hearing/Gaz./
RACC/Gaz./2022/15756-15800-C dated 26.05.2022 of Officer In-
Charge (Judl.), RACC, New Delhi, the hearing of the present matter is
being taken up in hybrid form i.e. physically as well as via Cisco We-
bEx Platform (at the request of ED) in the presence of:
22.03.2023
Present: Ld. Special PPs Sh. Rajesh Batra, Sh. N.K. Matta and Ld.
Advocates Sh. Ansh Singh Luthra, Sh. Prabhas Bajaj, Ms.
Sonia Kukreja (all through VC) and Ld. Advocate Sh.
Shikhar Adholia (physically present in court) for ED.
Applicant/accused Sh. Rajeev Agarwal along with Ld. Proxy
Counsel Sh. Akash Singh.
APPLICATION DATED 21.03.2023 FILED ON BEHALF
OF APPLICANT/ACCUSED NO. 12 MR. RAJEEV AGARWAL
SEEKING PERMISSION TO TRAVEL TO BRAZIL FROM
29.03.2023 TO 02.04.2023.
This order shall dispose of the present application of the
applicant/accused Sh. Rajeev Agarwal seeking permission to travel abroad
to Brazil from 29.03.2023 to 02.04.2023 on account of business meetings.
Page 1 of 4
It is mentioned in the application that the applicant/accused
has to travel to Brazil from 29.03.2023 to 02.04.2023 for the purpose of
meeting regarding the manufacturing unit set up in Brazil.
It is further mentioned in the application that this court has
granted bail to the applicant/accused Sh. Rajeev Agarwal on 15.10.2018 on
certain conditions of the said order which 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.
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 detailed table 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 to Brazil.
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. As per tabular chart filed by
Ld. Counsel for the accused, the applicant/accused was given permission to
travel abroad once in the year 2018, twice in the year 2019 and twice in the
year 2020, though he did not travel when first time permission was given in
2020 because of Covid-19 concerns.
It is further mentioned in the application that the
applicant/accused is not the main accused and is wrongly arrayed as an
Page 2 of 4
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.
No reply has been filed on behalf of ED. However, Ld. Spl. PP
for ED Sh. Rajesh Batra has objected to this application submitting that
during the proposed visit, matter will be listed for hearing and the presence
of accused is therefore necessary.
This Court has considered the submissions made on behalf of
Ld. Counsel for the applicant/accused and Ld. Spl. PP for ED.
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 is entitled to permission of the Court to travel to Brazil
from 29.03.2023 to 02.04.2023.
Page 3 of 4
• 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 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/22.03.2023
Page 4 of 4