A Delhi court has rejected the plea of Christian Michel James, the alleged middleman in the AgustaWestland VVIP chopper case, seeking release on the grounds that he had already served the maximum sentence of seven years for the alleged offenses. Special Judge Sanjay Jindal issued the order on August 7, stating that considering the allegations under Section 467 of the Indian Penal Code (IPC), which pertains to forgery of valuable security and carries a life imprisonment sentence, it cannot be concluded that Michel has already undergone the maximum punishment prescribed for the alleged offenses.
The AgustaWestland case involves a 2007 contract for the purchase of 12 luxury helicopters for use by top Indian leaders. The deal was cancelled in 2014 due to alleged breaches of contractual obligations and kickbacks. Michel is accused of being a middleman in the deal, facilitating the alleged illicit payments. He was extradited from Dubai in December 2018 and subsequently arrested by the CBI and ED.
Michel's plea for release was based on Section 436A of the Criminal Procedure Code (CrPC), which deals with the maximum period an undertrial prisoner can be detained. However, the court stated that this section does not apply in his case due to the serious charges against him, including those under Section 467 IPC, which carry a potential life sentence. The court emphasized that the question of whether Section 467 applies to Michel would be decided during the framing of charges and cannot be predetermined.
The court also noted that the Supreme Court, the Delhi High Court, and the present court have already considered various issues raised by Michel, including his release. It was stated that Michel's plea for the benefit under Section 436A of the CrPC could not be accepted, considering the allegations against him under Sections 415 (mischief) and 420 (cheating) read with 120 B (criminal conspiracy) of the IPC, Section 8 (offence related to bribing a public servant) of the Prevention of Corruption Act, and Section 467 of the IPC.
The court dismissed Michel's request for release and scheduled further proceedings for September 12, 2025. The Supreme Court had previously refused to entertain Michel's special leave petition (SLP) seeking bail under Section 436A of the CrPC in February 2023. The court had stated that further investigation was in progress and that the fundamental basis for bail under S 436A CrPC could not be accepted as valid. The court also referred to prior orders passed by the Delhi High Court, which had already considered and rejected the applicability of Section 436A. The judge stated that Michel could not raise the same ground again, as it would be an abuse of the legal process.