NEW DELHI: A Delhi Court on Thursday reserved the order on the bail plea of Bollywood actor Jacqueline Fernandes in an alleged Rs 200 crores money laundering case involving conman Sukesh Chandrashekar.
Special Judge Shailendra Malik, who had earlier granted Fernandez interim bail, reserved order for Friday on the bail plea of the actor after hearing arguments from the lawyers appearing for Fernandez as well as the ED.
The court has listed the matter for hearing arguments on charges in the matter on November 24 and 25.
On the ED's submission that Fernandez can escape the country easily as she is not short of money, the court questioned why the actor was not arrested so far.
The agency told the court that it has issued a Lookout Circular (LOC) on airports to stop the actor from leaving the country.
"Why haven't you (ED) arrested Jacqueline yet during the investigation despite issuing an LOC? Other accused are in jail. Why adopt a pick-and-choose policy," the court asked the probe agency.
Jacquline's counsel senior advocates Siddharth Agarwal and Prashant Patil submitted that the actor cooperated with the investigation and her statement was recorded five times.
They also submitted that she was not arrested during the investigation and a supplementary charge sheet has been filed and that she is also a woman.
It was also argued that she was not aware that the gifts she received were out of proceeds of crime. In these circumstances, she is entitled to bail, her counsel said.
On the other hand, the counsel for the Enforcement Directorate (ED) submitted that she has a history of attempting to flee the country and stated that she did not cooperate in the investigation. It added that she only made the disclosure when confronted with evidence.
Jacqueline was informed about Sukesh's criminal antecedents within 10 days of her introduction to him. She is no ordinary person but a Bollywood actress with huge financial resources and hence high stature and influence, the ED said.
The ED added that she is economically sound, and can influence the investigation and win over the witnesses. "She possessed, used and enjoyed the proceeds of crime of Rs 7 crore," the ED argued.
“We have not seen Rs 50 lakh in cash in our entire life but Jacqueline frittered away Rs 7.14 crore for fun. She has tried every trick in the book to try and escape because she has enough money,” the ED said as quoted by NDTV.
The ED's counsel also submitted that Jacqueline is a foreign national and has roots in Sri Lanka. Her parents live in Bahrain, his brother is living in Australia, and her sister is in another country. She may flee if she gets bail, they said.
She can not be granted bail on the grounds of being a woman as she did not cooperate in the investigation, the counsel for ED argued.
The accused had sought bail, saying there was no need for her custody since the investigation is already complete and the charge sheet has been filed.
The court had on September 26 granted interim bail on a personal bond of Rs 50,000.
Sukesh had allegedly cheated many people, including former Fortis Healthcare promoter Shivinder Mohan Singh’s wife Aditi Singh.
Recently, the conman, who is in jail, had written to Delhi Lt Governor V K Saxena levelling serious allegations of extortion against jailed Aam Aadmi Party (AAP) leader Satyendar Jain on the promise of giving him an important post in the party in the south, and getting him nominated to the Rajya Sabha.
He also alleged that the jail superintendent and other officials were putting immense amount of pressures on him and "harassing" him. "Apart from this, Jain is sending me offers for compromise and if I fail to accept, me and my wife will be tortured to death," he alleged.
Background
On August 17, 2022, a supplementary charge sheet filed by the ED in the case against Sukesh Chandrashekar in a Delhi court mentioned the name of Bollywood actor Jacqueline Fernandez as an accused.
Jacqueline Fernandez has also been summoned by the ED several times for investigation.
The ED's earlier charge sheet stated that actresses Jacqueline Fernandez and Nora Fatehi got top models of BMW cars among other expensive gifts from the accused Sukesh.
Jacqueline Fernandez, as stated by the ED, received three designer bags from Gucci, Chanel, two Gucci outfits for gym wear, a pair of Louis Vuitton shoes, two pairs of diamond earrings, a bracelet of multi-coloured stones, as well as two Hermes bracelets. She also received a Mini Cooper which she reportedly returned.
Jacqueline has stated that Sukesh Chandrasekhar had arranged private jet trips and her hotel stays on different occasions.
Nora Fatehi reportedly admitted to getting a booking for a charity event, a Gucci Bag, and an iPhone by Leena Paulose, the wife of Sukesh. Nora further stated that Leena Paulose had called her husband and put the phone on speaker where he thanked Nora and said that they were her fans. She said they told her she would be gifted a brand-new BMW car as a token of love.
Jacqueline had made attempts to leave India, but could not succeed due to a lookout circular issued in her name, the ED had previously told the court. The anti-money laundering agency has also alleged that Fernandez had tampered with evidence in the case and had deleted “crucial evidence” from her phone and “told others to delete the evidence."
It had also claimed that she has been repeatedly changing her statements and denying all allegations related to receiving money from the conman. “Initially she denied that Chandrashekhar had purchased cars for her parents but later she admitted that she received two cars in April 2021. She also stated that her sister had received USD 172,913 in her accounts,” the ED said.
(With inputs from Express News Service, ANI, PTI)