Nagpur: In a significant ruling on Thursday, a Special CBI Court in Delhi sentenced industrialist Mohan Agrawal to three years of rigorous imprisonment (RI) and Rakesh Agrawal to two years of RI. The court found both directors of Nagpur-based B.S. Ispat Ltd guilty of cheating and criminal conspiracy related to irregularities in the allocation of a coal block in Maharashtra.
Special Judge Sanjay Bansal also imposed a fine of Rs 50 lakh on B.S. Ispat Ltd and an additional Rs 10 lakh on each of the convicted directors. Mohan Agrawal, aged 73, is the former President of the Vidarbha Industries Association, and his nephew, Rakesh Agrawal, is 49 years old.
Today’s Rate
Friday 27 Sept. 2024
The court convicted them under sections 420 (Cheating) and 120-B (Criminal Conspiracy) of the Indian Penal Code. The prosecution successfully demonstrated that the case was proven beyond any reasonable doubt. Judge Bansal rejected their plea for probation, stating, “The cheating committed in the present case was not any ordinary cheating.”
“The convicts aimed to secure the allocation of the coal block at any cost and succeeded, gaining access to a crucial natural resource. The importance of coal need not be described in words,” Judge Bansal emphasized. Despite the defense’s arguments for leniency, the judge declined to grant probation.
However, the judge noted that the two convicts had exited the company in 2011, and the benefits of the coal block allocation were enjoyed by the company and its successor directors, not by Mohan and Rakesh Agrawal. The judge also acknowledged Mohan Agrawal’s health issues and the dependence of his ill younger son on him.
Regarding Rakesh Agrawal, the judge remarked that he joined the family business at a young age after his father’s death and likely worked under his uncle Mohan Agrawal’s influence. “Though he was working under the control and guidance of convict Mohan Agrawal, it cannot be said that he did not know what he was doing,” the judge added.
While considering the personal circumstances of the convicts, Judge Bansal stressed that the serious nature of the crime could not be overlooked. “The fact that an offence of cheating was committed with the Government of India also cannot be lost sight of. The convicts deserve some leniency but at the same time, they need to be reminded that what they did was an offence of serious nature, unworthy of granting the benefit of probation,” the judge concluded.
This case marks the 16th judgment related to the coal scam, involving irregularities in the allocation of the ‘Marki Mangli-I’ coal block in Maharashtra. The offence carries a maximum punishment of a seven-year jail term. The CBI prosecution team examined 31 witnesses in this case. The court convicted Mohan and Rakesh Agrawal, along with their company, on May 27, with the sentencing pronounced on Thursday. Special Public Prosecutor R.S. Cheema, Additional Legal Advisor Sanjay Kumar, and Advocate A.P. Singh represented the prosecution.
