New Delhi: The Delhi High Court on Wednesday dismissed the plea for the release of Christian Michel James, the alleged middleman in the AgustaWestland VVIP chopper scam.
A division bench of Justices Navin Chawla and Ravinder Dudeja upheld the trial court’s decision, stating that the petition lacked merit. The court said, “We find no merit in the petition and hence, it is dismissed.”
Trial Court’s Decision Upheld
Michel had challenged in the High Court the lower court’s order rejecting his release. He claimed that he had already served the maximum sentence of seven years for the crimes for which he was extradited.
Earlier, Special CBI Judge Sanjay Jindal had dismissed his plea, stating that Section 467 of the Indian Penal Code, which carries a punishment of up to life imprisonment, was also applicable against Michel.
Section 467 became a major factor
The court stated that the Supreme Court and High Court had already issued their orders in this case, so the same issues could not be repeatedly reconsidered.
The trial court, citing a February 2023 Supreme Court order, clarified that Section 436A of the CrPC was not applicable in this case, as the charges involved serious charges under Section 467 of the IPC.
According to Section 436A, an undertrial prisoner can be granted bail if he has served half the maximum sentence, but this provision does not apply in cases punishable by death or life imprisonment.
Extradition took place in 2018
Christian Michel is an accused in a case related to the alleged VVIP chopper deal worth ₹3,600 crore, which involves charges of corruption, criminal conspiracy, and money laundering.
He was extradited from the UAE to India on December 5, 2018, after which the CBI arrested him. A few days later, the Enforcement Directorate (ED) also detained him. He has been in judicial custody in Tihar Jail since then.