Vineet Upadhyay (THE TIMES OF INDIA; November 16, 2022)

New Delhi: A Delhi court granted bail to actor Jacqueline Fernandez in the Rs. 200 crores money laundering case being probed by Enforcement Directorate (ED) against alleged conman Sukesh Chandrasekhar. Observing the prosecution case is that Fernandez allegedly received gifts from the proceeds of crime, the court of additional sessions judge Shailender Malik said it is yet to be examined if she had knowledge, intention or connection.

“In that sense, the applicant is entitled to relief of bail, particularly when she was not arrested during the investigation,” the court said. It refused ED’s claim that Fernandez was not entitled to exemption of Section 45 on account of being a woman.

Advocates Siddhartha Aggarwal, Prashant Patil and Anan Nandjarog, appearing for Fernandez, opposed ED submissions that she was aware the gifts received by her, worth Rs 7.12 crores, were proceeds of crime and that she tried to flee India.

Referring to many SC judgments regarding grant of bail, the court said various factors needed to be considered, including prima facie case against the accused, nature and gravity of charge, severity of punishment, danger of absconding, character, behaviour, means and position of accused, likelihood of offence being repeated, reasonable apprehension of evidence being tampered, and danger of justice being thwarted.

The court refused to believe ED’s contention that Fernandez made an abortive bid to flee India on December 5, 2021.