New Delhi [India], May 19: The Delhi High Court heard arguments on behalf of Sukesh Chandrasekhar's wife Leena Maria Paul in a money laundering case on Monday.
She has sought bail on the grounds of the period of custody, parity, and provisions of the Prevention of Money Laundering Act (PMLA) related to women accused. The actor has been in custody for the last three years and seven months.
A single bench of justice Shalinder Kaur is dealing with Leena Maria Paul's bail application, which was filed last year. The court has listed the matter for hearing the prosecution's arguments on July 2.
Advocate Anant Malik, along with John Paul Edison, appeared for the petitioner, Leena. He argued that despite being in custody for around three years and seven months, charges have not been framed against her yet. At the same time, other co-accused were granted bail by the High Court and the trial court.
He further argued that the accused Jacqueline Fernandez was not arrested during the investigation. She was granted bail on the appearance on the summons issued to her
It was also argued that the twin condition under Section 45 of PMLA also has a provision related to the woman accused.
It was submitted that on December 14, 2021, a complaint was filed against the petitioner and others, 178 witnesses. The matter is still at the stage of arguements on charges on behalf of the accused persons.
Accused Pradeep Ramdani, Avtar Singh Kochar, Pinki Irani,and Jacqueline Fernandez are on bail, advocate Malik argued. Petitioner's role is similar to that of Fernandez, he added.
Her last bail application was rejected on May 19, 2023 at which time arguments on the charge was still going on. Still arguments on charges are going on behalf of the accused and nothing had changed.
He further submitted that Avtar Singh Kochar was granted bail on grounds of delay. While granting the bail, the Supreme Court's judgment in the Manish Sisodia case was also mentioned.
A woman is entitled to special treatment while considering the bail of a woman under PMLA, the counsel said.
The Enforcement Directorate (ED) has opposed the bail plea by submitting that section 45 (2) is not applicable to a woman accused. The Supreme Court has already decided what is to be considered, the ED said.
The twin conditions of Section 45 are in addition to the provision of 439 CrPC. Besides, the conduct of the accused is also to be looked into while considering the bail plea.
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