Coal block allocation case: HC grants interim bail to ex-MP Darda, his son, businessman Jayaswal
The Delhi High Court issued notice to the CBI in the appeals filed by former Rajya Sabha MP Vijay Darda, his son Devender Darda, and businessman Manoj Kumar Jayaswal. The matter is next listed on September 26.
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Former Rajya Sabha MP Vijay Darda (File) The Delhi High Court on Friday granted interim bail to former Rajya Sabha MP Vijay Darda, his son Devender Darda, and businessman Manoj Kumar Jayaswal in a case pertaining to alleged irregularities in the allocation of a coal block in Chhattisgarh.
The trial court had on July 13 convicted M/s JLD Yavatmal Energy Pvt Ltd, its three directors (Dardas and Jayaswal) and three public servants for criminal conspiracy and cheating under the Indian Penal Code (IPC) and criminal misconduct by public servant (who while holding office obtains for any person any valuable thing or pecuniary advantage without any public interest) under the Prevention of Corruption (PC) Act. The trial court had also held the Dardas and Jayaswal guilty of the “substantive offence” under Section 420 (cheating) of the IPC.
On Wednesday, a trial court had sentenced the Dardas and Jayaswal to three years rigorous imprisonment with a fine of Rs 5 lakh each for offences under IPC and the PC Act. For the “substantive offence” of cheating under Section 420 of the IPC, the trial court had sentenced the three to four years “rigorous imprisonment” with a fine of Rs 10 lakh each. The trio moved the HC in separate appeals against the conviction and sentencing.
A single judge bench of Justice Dinesh Kumar Sharma issued notice to the Central Bureau of Investigation (CBI) in the appeals as well as applications for suspension of sentence filed by Jayaswal and the Dardas. The matter is next listed on September 26.
After noting that Vijay Darda was “never arrested and remained on bail throughout the trial”, the high court granted him interim bail on “furnishing a bail bond of Rs 10 Lakhs with two sureties of the like amount” till the next date of hearing subject to certain conditions. The high court passed similar orders granting interim bail in pleas filed by Devender Darda and Jayaswal.
“Learned trial court may also impose any other condition so as to ensure the presence of the appellant before the court. List on 26.09.2023 for arguments and disposal of the application for suspension of sentence,” the high court said.
Appearing for Vijay Darda, senior advocate Kirti Uppal, while arguing the main appeal, said that there were inherent contradictions in the trial court’s order. In the plea for suspension of sentence, Uppal said that Darda was never arrested during the course of investigation and the chargesheet was filed without arrest. He said that Darda had remained on bail throughout the trial and never misused the liberty. Uppal also said that his client is 73 years old with six stents and he has filed the medical record also showing him to be a sick person.
Senior advocate R S Cheema, appearing for the CBI, “strongly opposed” the prayer for suspension of conviction adding that the agency will file a detailed reply to the main appeal as well as the application. He further said that the matter is part of the ‘Coal Scam’ in which the proceedings were initiated and monitored by the apex court. He said that the trial court has given a reasoned judgment.
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