A Delhi court on Saturday ordered the release of Christian James Michel from custody in a money laundering case filed by the Enforcement Directorate related to the alleged AgustaWestland VVIP chopper scam, but he will continue to remain in jail as he is also an accused in a separate corruption case registered by the Central Bureau of Investigation.
Special CBI judge Sanjay Jindal, while hearing Michel’s plea seeking release from custody in the ED case, noted that the offence under the Prevention of Money Laundering Act carries a maximum punishment of seven years and that the accused has already spent seven years in custody.
“In view of the mandatory provisions of the second proviso to Section 436A CrPC, the said accused is entitled to be released accordingly and he cannot be detained in this case beyond 21 December, 2025,” the court said.
The second proviso to Section 436A of the Code of Criminal Procedure states that no person shall, in any case, be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence.
Michel, who is accused of being a middleman in the defence deal, was extradited from Dubai in December 2018.
Following his extradition, he was arrested by the CBI, which later filed a chargesheet against him.
The Enforcement Directorate also arrested him and filed charges in a connected money laundering probe.
Ordering his release in the ED case, the court said on Saturday that he could be released if not required in any other case.
“By virtue of second proviso to Section 436A of the Code of Criminal Procedure (maximum period for which an under trial prisoner can be detained) with all necessary implication as per law. He will be released from jail if not required in any other case,” the court said.
Michel is an accused in two cases related to the alleged scam, one filed by the ED and the other by the CBI, and he has moved applications in both matters seeking custodial release.
In the plea filed by Michel in the CBI case, which was taken up earlier in the day, the court directed the agency to file its response.
During the hearing, Michel submitted in writing that he would participate in the remaining trial even if he is released by the court.
His counsel told the court that the two investigative agencies have been probing the case for the past 12 years and that Michel has been in custody for the last seven years.
He argued that despite being granted bail in the case, Michel is not able to go home and termed the situation a “mockery of justice”.
Speaking to mediapersons outside the court, Michel said that he is “enjoying” the hearing.
The court has listed the matter for further hearing on 22 December.
The AgustaWestland case relates to alleged irregularities and kickbacks paid to former defence ministry officials to secure a contract for the purchase of 12 VVIP helicopters from the British-Italian firm.
