Coal Scam: Delhi HC Suspends Sentence of Vijay Darda & others

The Delhi High Court has recently suspended 4-year sentences of former Rajyasabha MP Vijay Darda, his son Devender Darda and Businessman Manoj Jaiswal in a case relating to alleged irregularities in the allocation of a coal block in Chhattisgarh.

The bench of Justice Jyoti Singh allowed the application seeking suspension of their sentence. The court decided to suspend their sentence till the pendency of their appeal challenging the trial court judgment against them.

Previously, the Court granted interim bail taking into account that they were never arrested and remained on bail and stated that “they be admitted to interim bail subject to conditions they shall not leave the country and make themselves available as and when available”.

Advocate Vijay Aggarwal appeared for the appellants in the matter.

Earlier, The Special Coal Court of Delhi sentenced 4 years imprisonment to Former Rajya Sabha MP Vijay Darda, his son Devender Darda, M/S JLD Yavatmal Energy Pvt Ltd’s Director Manoj Kumar Jayaswal for 4 years in a case relating to irregularities in the allocation of a coal block in Chhattisgarh.

In the matter, the trial court Judge Sanjay Bansal also sentenced ex-Coal Secretary HC Gupta, and 2 senior public servants KS Kropha and KC Samria for 3-year of jail terms in the same case. The Court later granted all 3 public servants bail in the matter.

M/s JLD Yavatmal Energy Ltd, a company that was recently u/s 120-B IPC, 120-B r/w S. 420 IPC and 13 (1)(d)(iii) r/w 13(2) PC Act has been also fined with Rupees 50 lacs.

According to the trial Court order, Manoj Kumar Jayaswal was punished with 4 years’ imprisonment and 15 lacs fine, similarly, Vijay Darda was sentenced to 4 years imprisonment and Rs 15 lacs fine.

Special Judge Sanjay Bansal recently held all of them guilty convicted them under offences under section 120B (criminal conspiracy) and 420 (cheating) of the Indian Penal Code and under the relevant provisions of the Prevention of Corruption Act. However, the Court acquitted the accused under 409 IPC (Criminal Breach of Trust by Public Servants).
Earlier, CBI told court that JLD Yavatmal Energy Limited got Fatehpur East Coal Block in Chhattisgarh as part of the alleged criminal conspiracy by misrepresentation facts on the eligibility conditions.

The coal-related cases have been registered by CBI in connection with the allegations related to getting coal blocks allocated on the basis of misrepresentations and false claims in the applications, presentations and connivance or lack of due diligence on the part of public servants.