New Delhi, Aug 8 (NationPress) A Delhi court has dismissed the application of Christian Michel James, a British citizen and the purported intermediary in the AgustaWestland VVIP chopper scandal, who requested release on the basis that he has already completed the maximum sentence of seven years for the crimes he was extradited for.

Special Judge (PC Act) Sanjay Jindal remarked that Michel, extradited from the UAE in December 2018, cannot be freed as he also faces allegations under Section 467 of the Indian Penal Code, a serious crime that carries a life imprisonment sentence.

During proceedings at the Rouse Avenue Court, Michel’s lawyer contended that he had already served the maximum duration of seven years for the charges related to his extradition, thus entitling him to statutory bail.

Moreover, it was argued that Michel’s 123 days of pre-extradition detention in the UAE should also be factored in when assessing his eligibility for relief.

In opposition to Michel's release request, the Central Bureau of Investigation (CBI) stated that the accused also faces charges under Section 467 IPC (forgery of valuable security), which carries a maximum penalty of life imprisonment, thus disqualifying him from benefits under Section 436A of the Code of Criminal Procedure (CrPC).

According to Section 436A of the CrPC, an undertrial prisoner who has spent half of the maximum imprisonment period for the alleged offence shall be eligible for bail, except in cases punishable by death.

Citing previous orders from the Delhi High Court and the Supreme Court, the Special CBI Judge emphasized that most issues raised by the accused had been previously adjudicated, stating, “Judicial propriety does not permit reconsideration of issues already addressed by superior courts.”

The court relied on a Supreme Court ruling from February 2023, which clearly stated that Section 436A CrPC would not be applicable due to the charge under Section 467 IPC.

Noting that the determination of whether Section 467 IPC applies can only be made at the charge framing stage, the court ruled that it cannot be disregarded at this point and scheduled the case for further proceedings on September 12.

Michel is implicated in the ₹3,600-crore alleged scandal regarding the acquisition of 12 VVIP helicopters from AgustaWestland and faces numerous charges including corruption, criminal conspiracy, and money laundering.

He was extradited to India on December 5, 2018, from the UAE and was arrested by the CBI upon his arrival. Shortly thereafter, he was also taken into custody by the Enforcement Directorate (ED). Since then, he has been held in judicial custody at Tihar Jail.