A Delhi court on Tuesday provided partial relief to Christian Michel James, the alleged middleman in the high-profile AgustaWestland VVIP helicopter scam case. The court modified two of his bail conditions while ensuring strict safeguards remain in place to prevent him from leaving the country.
Seven Years in Custody and Initial Stage Proceedings
The order was passed by Special Judge Sanjay Goyal on a plea filed by Michel, who sought his release and modification of bail conditions in the case being probed by the Central Bureau of Investigation (CBI). The court took significant note of the fact that Michel has spent seven years in custody since his arrest. It further observed that the trial proceedings are still at a very preliminary stage, with charges yet to be formally framed against him.
Court's Reasoning and Limited Relief Granted
Judge Goyal referenced that the bail conditions had already been modified by the Delhi High Court in a connected case filed by the Enforcement Directorate (ED). The court reasoned that granting similar relief in the present CBI matter would not prejudice the prosecution's case.
Michel's counsel, Alijo K Joseph, argued for his client's mandatory release. He contended that Michel was extradited to India specifically for offences under Sections 120B (criminal conspiracy), 415 (cheating), and 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code. These sections carry a maximum combined sentence of seven years. Joseph asserted this made Michel entitled to release under Section 436A of the Code of Criminal Procedure (CrPC), which mandates release after serving half of the maximum sentence for the offence.
However, the court pointed out that Michel had repeatedly raised the issue of his release before different courts. One such plea is currently pending before the high court. In view of this, the court stated that the issue of release cannot be agitated again before this court at this juncture.
The Modified Bail Conditions
Granting limited relief, the court allowed a key modification to the financial terms of Michel's bail. Instead of a surety bond, the court permitted him to furnish a personal bond of Rs 5 lakh along with a cash surety of the same amount, totalling Rs 10 lakh. All other conditions, especially those ensuring he remains in the country, were retained to address national concerns regarding the sensitive case.
This development marks a minor but notable step in the long-running legal saga of the AgustaWestland scandal, which involves allegations of corruption in the procurement of helicopters for VVIP travel during the previous UPA government's tenure.
