AgustaWestland Case: Delhi Court Dismisses Christian Michel's Plea Seeking Release From Custody

A Delhi Court recently dismissed a plea moved by Christian James Michel seeking his release from custody in connection with Agusta Westland case.

Special CBI judge Sanjeev Aggarwal of Rouse Avenue Courts observed that it was not clear under what provision of CrPC the application for release was moved by Michel, as an accused could only be released on bail as per Chapter XXXIII of CrPC.

“Even otherwise this court being trial court is not a constitutional court clothed with powers of writ jurisdiction, therefore, relief of release sought by way of present application is even otherwise misconceived for this reason also,” the court said.

Michel was arrested in December 2018 after being extradited from Dubai. He is termed as a 'Middleman' for the alleged illegal transactions that took place in the VVIP chopper scam.

The CBI had alleged that there was an estimated loss of Euro 398.21 million (about 2666 Crore) to the exchequer in the deal that was signed on February 8, 2010 for the supply of VVIP choppers worth Euro 556.262 million.

ED had then filed a chargesheet against Michel in June, 2016, alleging that he had received EUR 30 million (about Rs 225 crore) from AgustaWestland.

Michel filed the application seeking release from custody on the ground that the maximum sentence which can be awarded to him is 5 years and he has already undergone the complete sentence.

Rejecting the application, the judge said that since Section 467 of IPC (which entails life imprisonment ) has been invoked by the CBI by way of a supplementary chargesheet, Michel's plea that he has already undergone the maximum period of detention under Section 415 and 420 of IPC as well as Section 8 of Prevention of Corruption Act was not tenable.

“Be that as it may. In view of the afore going discussion, the application of the applicant / accused Christian James Michel for release has no merits, same stands dismissed,” the court said.

It clarified that nothing expressed in the order shall have any bearing on the merits of the case.

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