The Supreme Court on November 22 said that it will hear on November 28 the bail pleas of Christian Michel James, the alleged middleman in the AgustaWestland chopper scam in which CBI and the Enforcement Directorate have lodged two separate cases.
A bench comprising Chief Justice D.Y. Chandrachud and justices Hima Kohli and J.B. Pardiwala said that the two separate bail pleas can be heard on Monday.
A counsel for the probe agencies said that Additional Solicitor General S.V. Raju will be appearing in the matter and as he is travelling today, the hearing be adjourned.
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Moreover, a letter seeking adjournment of the hearing has also been circulated, the lawyer said.
“We will start on Monday and then keep it [the matter] as part heard,” the bench said.
Earlier in May this year, the top court had sought responses from the Central Bureau of Investigation (CBI) and the ED on the bail pleas.
The ₹3,600-crore alleged scam relates to the purchase of 12 VVIP helicopters from AgustaWestland.
During the earlier hearing, the counsel for the accused had said that the case was covered under section 436A of CrPC (maximum period for which under trial prisoner can be detained) and he has undergone 50% of the sentence for the offence which he is alleged to have committed.
The accused was extradited from Dubai and he has been in custody since then and the investigation is still not complete, his counsel had said.
The lawyer had said that Mr. Michel's case is that under sections 8 and 9 of the Prevention of Corruption Act, the maximum sentence is five years and he has undergone nearly four years.
Additional Solicitor General S.V. Raju, appearing for the probe agencies, had said that with great difficulty, the investigating agency has got his custody, and section 436A will not apply for the ED proceedings.
He said that Mr. Michel is a resident of the United Kingdom and was extradited from Dubai.
Mr. Michel has challenged the Delhi High Court order dated March 11 by which his bail plea was dismissed.
Seeking his release in both the CBI and ED cases, the accused had said he was not required for the purpose of investigation and expressed his willingness to cooperate with the probe.
Dismissing the bail pleas in both the CBI and ED cases last year, a trial court had said that considering the overall facts and circumstances, the serious nature of accusations, the gravity of the offence, and the conduct of the accused, it did not consider it to be a fit case for grant of bail.
Mr. Michel was extradited from Dubai in December 2018 and subsequently arrested by the two investigating agencies.
The CBI, in its charge sheet, has 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 ED, in its charge sheet filed against Mr. Michel in June 2016, had alleged that he had received 30 million euros (about ₹225 crore) from AgustaWestland.
He is among the three alleged middlemen being probed in the case. The other two are Guido Haschke and Carlo Gerosa.
