A Rouse Avenue Court has recently denied Christian Michel James's request for release from custody in the AgustaWestland VVIP chopper deal case. Michel, an alleged middleman, argued that he had already served the maximum sentence for the offenses he was extradited to India for.
Michel's defense sought his release under Section 436A of the Criminal Procedure Code (CrPC), arguing that he had spent the equivalent of the maximum punishment of seven years in custody. He was extradited from the UAE in December 2018 and has been in custody since.
However, the court rejected this plea, pointing out that Michel faces allegations under Section 467 of the Indian Penal Code (IPC), which pertains to forgery and carries a potential life sentence. The court also noted that previous appeals for his release have been turned down by higher courts.
The Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) have opposed Christian Michel James's plea for release in the AgustaWestland VVIP chopper case. Special Public Prosecutor D.P. Singh argued that Michel could not be released simply because he had been in custody for seven years. The CBI has also argued that Michel cannot be released without pleading guilty, even with his bail pleas. They further contended that the framing of charges still needs to take place. The CBI counsel argued that even if charges under Section 467 (Forgery) of the IPC are not framed against him, he cannot be released without pleading guilty because Section 476 IPC has a maximum punishment up to life imprisonment.
The ED also opposed Michel's release, stating that he has not served the maximum seven-year sentence for money laundering. Special Public Prosecutor N.K. Matta, representing the ED, argued that seven years of imprisonment could not be considered a complete term. Matta also submitted that remission can only be considered after punishment.
While the Supreme Court granted Michel bail in the CBI's corruption case in February, followed by the Delhi High Court granting him bail in the ED's money laundering probe in March, he remains in prison. He has been unable to furnish bail bonds and is awaiting the renewal of his passport, which he must submit to the court as part of his bail conditions. The Delhi High Court had modified James's bail conditions in May, replacing the surety bond requirement with a personal bond and a cash surety and instructing the British High Commission to submit his renewed passport directly to the trial court.
The CBI's chargesheet alleges a loss of 398.21 million euros to the exchequer due to the VVIP chopper deal signed on February 8, 2010. The ED's chargesheet alleges that Michel received 30 million euros from AgustaWestland.