New Delhi: A Delhi court has rejected the plea of Christian Michel James, a British national and the alleged middleman in the AgustaWestland VVIP chopper scam, who sought release on the grounds that he has already served the maximum punishment of seven years for the offences he was extradited for.
Special Judge (PC Act) Sanjay Jindal observed that Michel, who was extradited from the UAE in December 2018, cannot be released as he is also facing charges under Section 467 of the Indian Penal Code — a serious offence punishable with life imprisonment.
Before the Rouse Avenue Court, Michel’s counsel argued that he had already served the maximum period of punishment of seven years for the offences he was extradited for, and therefore, he was entitled to statutory bail.
Further, it was contended that Michel’s 123 days of pre-extradition detention in the UAE should also be taken into account while considering his entitlement to relief.
Opposing Christian Michel’s plea for release, the Central Bureau of Investigation (CBI) argued that the accused is also charged under Section 467 IPC (forgery of valuable security), which carries a maximum punishment of life imprisonment — thereby disqualifying him from benefit under Section 436A of the Code of Criminal Procedure (CrPC).
Under Section 436A of the CrPC, an undertrial prisoner who has spent half of the maximum period of imprisonment prescribed for the alleged offence shall be released on bail, except in cases where the offence is punishable with death.
Referring to orders passed earlier by the Delhi High Court and the Supreme Court, the Special CBI Judge emphasized that most of the issues raised by the accused had already been adjudicated in the past, stating, “the judicial propriety does not allow to reconsider the issues again and again when the superior courts have already given observations on the same.”
The court relied on the observation of the Supreme Court in an order passed in February 2023, where the apex court had categorically held that Section 436A CrPC would not apply due to the presence of the Section 467 IPC charge.
Observing that the question of whether Section 467 IPC is made out can only be decided at the stage of framing of charges, and that it cannot be ruled out at this stage that the section may apply to Michel, the court directed that the matter be listed again on September 12 for further proceeding.
Michel, an accused in the Rs 3,600-crore alleged scam relating to the purchase of 12 VVIP helicopters from AgustaWestland, faces multiple charges of corruption, criminal conspiracy, and money laundering.
He was extradited to India on December 5, 2018, from the UAE. On his arrival in India, he was arrested by the Central Bureau of Investigation (CBI). Days later, he was also arrested by the financial probe agency, the Enforcement Directorate (ED). Since then, he has been lodged in judicial custody at Tihar Jail.
(IANS)
