AgustaWestland chopper scam: Special court tweaks bail conditions for Christian Michel

ANew delhi margaret court on tues dismissed a plea moved by the alleged middleman in the AgustaWestland trade, Christian Michel james iv, that sought his release from the CBI case in the matter on the grounds that the maximum sentence duration in custody had been completed.The order was passed by Special Judge Sanjay Jindal of Rouse Avenue Court, three days after the same court, allowed Michel’s release from judicial custody in the case lodged by Enforcement Directorate in the chopper deal, in accordance with Section 436A of Cr.P.C, which states that an undertrial shall not be detained in custody beyond the maximum prison sentence for the offence.The court had released Michel after noting that the money laundering offence under which he is being prosecuted, entails a maximum punishment of seven years, which he has already served in jail, even as the case itself has not proceeded to the framing of charges stage.Michel, had moved a similar plea in the CBI’s case, through Advocate Aljo Joseph, in which he contended that the applicant had already completed the maximum period of imprisonment in the case on December 4, 2025, in accordance with the Indian Extradition Act, 1962, and or his bail conditions be modified.He further contended that the CBI had invoked additional provisions, including section 467 IPC (forgery of valuable, security, will, etc.), which are not a part of the Extradition Decree and therefore the applicant cannot be tried for such offences.The CBI, through Special Public Prosecutor DP Singh, contended that the application was an attempt to misuse the intricacies of law and sought adjudication of issues which have already been dealt with and decided by different courts.The court said, “It shows that not only the issue has been raised again and again by the applicant before the courts at different levels, the issue is still pending consideration before the Hon’ble High Court…when the Hon’ble High Court is already seized of the matter, the issue cannot be agitated again before this court”.The court was referring to observations made on the grounds in Michel’s plea, by the trial court and both the Supreme Court and Delhi High Court.The court said that the Supreme Court has already held that Michel’s plea for release cannot be accepted as besides the provision of IPC section 415 (cheating) and 420 (cheating and dishonestly inducing delivery of property) read with section 120-B (criminal conspiracy) and section 8 of the Prevention of Corruption Act, the accused is alleged to have committed offences under section 467 IPC, which is punishable upto life imprisonment.The court, meanwhile, went on to modify the bail conditions set by the trial court in March this year, keeping in view the same was done in the ED’s case.The court said that instead of furnishing a personal and surety bond of Rs. 5 lakhs each, Michel shall only furnish a personal bond of Rs. 5 lakhs along with cash surety of the same amount.Secondly, the court modified the condition imposed on Michel’s release on bail in the case, in line with the modifications in the ED case bail, stating that he may be released without him depositing his passport immediately. However the FRRO shall ensure that he does not leave the country and the British High Commission shall ensure that his passport, whenever ready, shall be handed over to the court immediately, it said.Michel is accused of being a middleman in the AgustaWestland deal and faces charges under Section 8 of the Prevention of Corruption Act.CBI had alleged that senior officials in PMO, SPG, and Air Force agreed in 2004 to tweak the mandatory service ceiling of helicopters to favour AgustaWestland.This allegedly caused a loss of €398.21 million (approx. ₹2,666 crore) to the government in a deal worth €556.262 million ( ₹3,726.9 crore). The ED is probing the money trail linked to kickbacks in the deal.Michel was extradited from the UAE in December 2018 and remained in custody until he was granted bail this year. The Delhi high court granted him bail in March in ED’s money laundering probe, following a Supreme Court order in February that granted bail in the CBI’s corruption case.While doing so, the apex court observed that CBI had not completed the trial despite filing two chargesheets, and key documents had yet to be shared with Michel.He was released after furnishing a personal bond of ₹5 lakh and one surety of the same amount, as directed by the Delhi high court. He, however, still remains in prison, awaiting the renewal of his passport, which he has to submit before the court as part of the bail conditions.The Delhi high court had in May, modified James’ bail conditions and replaced an earlier requirement of surety bond with a personal bond of ₹5 lakhs and a cash surety of ₹10 lakhs.It also directed that Michel would not be required to submit his passport right away and directed the Foreign Regional Registration Office (FRRO) to ensure he does not leave the country and instructed the British High Commission to submit his renewed passport directly to the trial court.Michel had earlier told the trial court that Delhi was like a “larger prison” for him, as his family could not visit, and that he feared for his life outside jail.