New Delhi, March 4 The Delhi High Court on Tuesday granted bail to Christian Michel James, an alleged middleman in the AgustaWestland chopper scam case, booked under the anti-money laundering law.
A bench of Justice Swarna Kanta Sharma allowed the plea for bail considering his long period of incarceration of over six years and the delay in the commencement of the trial.
"Considering the period of incarceration of about six years and two months undergone by the applicant, (a)nd considering that there seems to be no possibility of trial in this case concluding too within the remaining duration of the maximum prescribed sentence under Section 4 of PMLA (Prevention of Money Laundering Act), inasmuch as the same has not even begun as of now, this court is inclined to grant regular bail to the present applicant," the bench said.
It took note of the fact that the accused has already been granted bail in the corruption case pertaining to predicate offence by the apex court on the ground that the investigation has not been completed and the trial has not even begun.
As per the bail order, Michel James will be required to furnish a personal bond and surety in the sum of Rs. 5,00,000 each and surrender his passport before the trial court, and this is not released without permission of the Delhi HC.
It added that the rest of the conditions will be imposed by the special court.
"The DoE (Directorate of Enforcement) shall be at liberty to request the concerned Court for imposing necessary/ stringent conditions before releasing the applicant on bail, considering the previous conduct of the applicant and the fact that he was extradited to India," the Justice Sharma-led Bench said.
The Delhi High Court clarified that James will extend all cooperation in the investigation, if required, and during the trial, as and when the same would commence.
James, an accused in the Rs 3,600-crore alleged scam relating to the purchase of 12 VVIP helicopters from AgustaWestland, contended before the high court that he should be released on bail on the ground of delay in commencement of trial proceedings.
His petition contended that he had already spent six years in jail when he could be awarded a maximum jail term of seven years under the Prevention of Money Laundering Act (PMLA).
James, a British citizen, was extradited to India on December 5, 2018, from the UAE. On his arrival in India, he was arrested by the Central Bureau of Investigation (CBI) and days later, arrested by the financial probe agency, the ED. Since then, he has been lodged in judicial custody at Tihar Jail.
Various courts have rejected the bail petition of Michel on a number of occasions.
On January 1, 2014, India cancelled the contract with Italian defence major Finmeccanica's British subsidiary AgustaWestland for supplying 12 AW-101 VVIP choppers to the IAF over an alleged breach of contractual obligations and charges of paying kickbacks amounting to Rs 423 crore. In 2020, the CBI had filed a supplementary charge sheet against 15 accused, including James and accused-turned-approver Rajiv Saxena, in connection with the alleged corruption in the AgustaWestland VVIP chopper deal. The CBI had earlier filed a charge sheet in this case on September 1, 2017, against then-IAF chief S.P. Tyagi and 11 other accused.
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