A Delhi court has directed the release of alleged middleman Christian James Michel from custody in a high-profile money laundering case connected to the AgustaWestland VVIP helicopter scandal. The court ruled that Michel has already served the maximum permissible period of detention as an undertrial for the offence.
Court Cites Maximum Detention Period
Special CBI judge Sanjay Jindal allowed Michel's application seeking release in the case filed by the Enforcement Directorate (ED). The court invoked the second proviso to Section 436A of the Code of Criminal Procedure, which limits the detention of an undertrial prisoner to the maximum period of imprisonment prescribed for the offence.
The court explicitly stated that Michel "be released from jail, if not required in any other case." However, this order does not grant him immediate freedom, as he continues to be an accused in a separate corruption case filed by the Central Bureau of Investigation (CBI).
Seven-Year Custody Milestone
The court noted that Michel has been charged under the Prevention of Money Laundering Act (PMLA), which carries a maximum punishment of seven years' imprisonment. The judge observed that Michel will complete seven years in custody on December 21, 2025. According to the legal provision, no person can be detained during investigation, inquiry, or trial for a period exceeding the maximum sentence for the alleged crime.
"In view of the mandatory provisions of second proviso to section 436A CrPC, the said accused is entitled to be released accordingly and he cannot be detained in this case beyond Dec 21, 2025," the court's order read.
Michel's Plea and Defense Arguments
During the proceedings, Michel submitted a written undertaking to the court, assuring his participation in the remaining trial even if released. His legal counsel presented a strong argument, highlighting that while the ED and CBI have been investigating the case for 12 years, Michel has been in custody for nearly seven years.
The defense contended that despite being granted bail in the past, Michel had been unable to secure his release, a situation his lawyer termed a "mockery of justice."
In a related development, the same court also heard Michel's plea seeking release in the parallel CBI corruption case. The judge has directed the CBI to file its response, and the matter is scheduled for further hearing on December 22.
Background of the Case
Christian Michel, alleged to be a key middleman in the controversial AgustaWestland deal for VVIP helicopters, was extradited from Dubai in December 2018. Following his extradition, the CBI arrested him and filed a chargesheet. The ED subsequently charged him in a connected money laundering probe.
Michel had approached the court seeking custodial release in both the ED and CBI cases. The latest order pertains specifically to the ED's money laundering case, marking a significant legal development in the long-running AgustaWestland scandal that has involved high-profile names and international investigations.
