AgustaWestland ‘scam’: Court rejects plea to release Michel James, but modifies his bail conditions

A Delhi court Tuesday rejected a plea moved by Christian Michel James, the alleged middleman in the AgustaWestland VVIP chopper “scam” seeking his release in the corruption case lodged against him by the CBI. Refusing to comment on the merits of his plea, Special Judge Sanjay Jindal of Rouse Avenue Court said the matter had […]

Christian Michel James is the ‘middleman’ in AgustaWestland VVIP chopper ‘scam’.

A Delhi court Tuesday rejected a plea moved by Christian Michel James, the alleged middleman in the AgustaWestland VVIP chopper “scam” seeking his release in the corruption case lodged against him by the CBI. Refusing to comment on the merits of his plea, Special Judge Sanjay Jindal of Rouse Avenue Court said the matter had been deliberated and decided before different courts and is pending before the Delhi High Court and could not be “agitated again”.

However, the court modified James’ bail conditions, imposing a personal bond instead of a surety, and directing that he can been released without him depositing his passport immediately. “…the applicant is permitted to furnish a personal bond of Rs 5,00,000/- alongwith cash surety in the sum of Rs 5,00,000/-… the second condition is modified to the extent that the applicant may be released without him depositing his passport immediately, however… the British High Commission shall ensure that the applicant’s fresh passport… is not handed over to the applicant but directly deposited with this court,” said Judge Jindal in his Tuesday order.

Michel was seeking release on the grounds that he had already undergone the period of maximum sentence of seven years for the offences he has been charged with. It was argued by Aljo K Joseph, his lawyer, that Michel was entitled to be released under the provisions of CrPC Section 436A (maximum period for which an undertrial prisoner can be detained). The CBI, represented by Special Public Prosecutor and senior advocate D P Singh and advocate Manu Mishra, had argued that IPC Section 467 (forgery of valuable security, will, etc) had been invoked on James via a supplementary chargesheet filed in September 2022 which has a maximum punishment of life imprisonment.

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Michel had been extradited to India on December 4, 2018, and was arrested by the CBI on arrival. Later, he was arrested by the ED. On February 18, 2025, Michel was granted bail in the CBI’s case by the Supreme Court. A fortnight later, he was granted bail by the Delhi HC in the ED case. However, he has refused to furnish the bail bonds and is still in Tihar jail, awaiting the renewal of his passport. In the ED case, he was granted release Saturday as he had already undergone the maximum period of imprisonment prescribed under law which was seven years.

Michel’s role has been described as that of a “middleman” who allegedly paid large sums of bribes to IAF officers, Defence Ministry officials, bureaucrats and politicians. The CBI has also claimed that undue favour was granted to AgustaWestland in lieu of the illegal gratification.

Joseph had argued that IPC Section 467 was not part of the extradition decree and that his client could not be tried for such offences by the CBI. “It shows that not only the above issue has been raised again and again by the applicant before the courts at different levels, the issue is still pending consideration before the Hon’ble High Court in the above writ petition. So, when the Hon’ble High Court is already seized of the matter, this issue cannot be agitated again before this court,” Judge Jindal said.

“…the accused has voluntarily chosen not to furnish the bail bonds etc. as per order dated 18.02.2025 of Hon’ble Supreme Court, the applicant is not entitled to seek modification of bail conditions on the grounds mentioned in the present application,” he added.