The Supreme Court on Tuesday refused to release Christian Michel James, the alleged middleman in the AgustaWestland chopper scam, on bail on the ground that he has already spent over four years in prison as an undertrial.
However, a three-judge Bench led by Chief Justice of India D.Y. Chandrachud gave Mr. Michel, represented by advocates Aljo Joseph, M.S. Vishnu Shankar, and Sriram Parakkat, liberty to seek regular bail before the trial court.
The court dismissed Mr. Michel’s plea for bail under Section 436A of the Code of Criminal Procedure on the ground that he had already spent as an undertrial more than half the maximum prison term he would have undergone as a convict had he been found guilty.
Offences against
The court noted that besides offences like cheating, dishonestly inducing delivery of property, criminal conspiracy, and corruption, Mr. Michel is also alleged to have committed the offence of forging valuable security, which has a maximum punishment of life imprisonment under Section 467 of the Indian Penal Code (IPC).
The Bench, earlier, during the hearing of the case, also observed that the lower court had found Mr. Michel a “flight risk” as a reason for refusing him bail under Section 436A.
He was arrested and extradited on December 4, 2018. The FIR itself dates back to 2013 and the investigation has continued for nine years. The incidents of the alleged scam relate to 2004.
The scam
The ₹3,600-crore alleged scam relates to the purchase of 12 VVIP helicopters from AgustaWestland. Mr. Michel was said to be a resident of the United Kingdom and was extradited from Dubai.
The CBI, in its chargesheet, alleged an estimated loss of 398.21 million euros (about ₹2,666 crore) to the exchequer due to the deal that was signed on February 8, 2010, for the supply of VVIP choppers worth 556.262 million euros.
The Enforcement Directorate, in its chargesheet filed against Mr. Michel in June 2016, had alleged that he had received 30 million euros (about ₹225 crore) from AgustaWestland.
