Delhi High Court Denies Christian Michel's Release in VVIP Chopper Case
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New Delhi, April 8 (NationPress) The Delhi High Court has officially denied a motion submitted by Christian Michel James, who is implicated as a middleman in the AgustaWestland VVIP chopper scandal, contesting a trial court's ruling that dismissed his request for release from incarceration on the grounds that he had completed the maximum sentence of seven years.
A Division Bench composed of Justices Navin Chawla and Ravinder Dudeja affirmed the trial court's ruling, stating that the petition lacked merit.
“We find no merit in the petition. Thus, it is dismissed,” declared the Justice Chawla-led Bench.
Michel, a British citizen, had appealed to the Delhi High Court, challenging the previous court's refusal to grant him release despite his claim of having served the maximum sentence of seven years for the charges leading to his extradition.
Previously, Special Judge (PC Act) Sanjay Jindal rejected Michel's request, noting that he could not be granted release as he still faces accusations under Section 467 of the Indian Penal Code, a serious crime that can lead to life imprisonment.
The Special CBI Judge pointed out that many of the concerns raised by the accused had already been addressed in prior rulings, stating, “Judicial propriety prohibits the reconsideration of issues that have already been adjudicated by higher courts.”
The trial court leaned on a Supreme Court ruling from February 2023, which explicitly stated that Section 436A CrPC does not apply due to the existing charge under Section 467 IPC.
According to Section 436A of the CrPC, an undertrial who has served half of the maximum sentence for the alleged crime should be released on bail, except in cases involving offenses punishable by death.
Michel is implicated in the alleged ₹3,600-crore scam concerning the acquisition of 12 VVIP helicopters from AgustaWestland and faces various charges, including corruption, criminal conspiracy, and money laundering.
He was extradited to India from the UAE on December 5, 2018. Upon his arrival, he was arrested by the Central Bureau of Investigation (CBI), and shortly after, he was also detained by the Enforcement Directorate (ED). Since then, he has remained in judicial custody at Tihar Jail.