The Rouse Avenue court has modified bail conditions for Christian Michel in the AgustaWestland case. He can be released without an immediate passport deposit and can furnish a cash surety of Rs. 5 lakh instead of a surety bond.
The Rouse Avenue court on Tuesday modified the conditions earlier imposed on accused Christian Michel James. The court modified the condition related to the bail bonds. It is directed that he may be released from custody without the immediate deposit of his passport. He had sought a direction to modify the bail conditions in the AgustaWestland chopper CBI case.
James, a British National, is an accused in the CBI case concerning the AgustaWestland VIP Chopper deal. He has been in custody since December 4, 2018, following his arrest by the CBI and extradition from Dubai.
Bail Conditions Modified
Special Judge (CBI) Sanjay Jindal modified the bail conditions on Tuesday. The court modified the conditions regarding the bonds and the passport deposit. " Accordingly, the first condition mentioned above is modified in the manner that instead of the requirement to furnish a personal bond and surety bond of Rs. 5,00,000 each, 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 court ordered on December 23.
The court also modified the second condition. " Further, the second condition is modified to the extent that the applicant may be released without him depositing his passport immediately, however the FRRO shall ensure that the applicant does not leave the country, and the British High Commission (or the concerned authority issuing the applicant's passport) shall ensure that the applicant's fresh passport, the same is ready, is not handed over to the applicant bi deposited with this court," Special Judge ordered.
The court said that the predecessor judge had already observed that, until the applicant's passport is processed, the British High Commission, in its sole and absolute discretion, may issue an emergency certificate to him only if it considers it proper and permissible under its Rules.
" So, the first and second conditions fixed vide order dated 07.03.2025 stand modified accordingly. Other conditions of bail to remain the same," the court ordered.
Arguments Over Custody and Charges
On Saturday, the court ordered the release of Christian Michel James in the money-laundering case linked to the AgustaWestland chopper case. It was stated on behalf of Christian Michel James that he has served the maximum sentence of 7 years for the offences alleged against him, for which he was extradited.
On the other hand, it was arguements by the CBI that James has also been charged sheeted for the offence of forgery under section 467 of IPC. The maximum sentence in this section is upto life imprisonment.
Advocate Aljo K Joseph appeared for James and submitted that, under the extradition rules, a person cannot be charged except with an offence for which his extradition is sought. It was also argued that the offence under Section 467 of the IPC was not mentioned in the extradition request.
The Central authority responsible for submitting an extradition request is the Ministry of Home Affairs. In this case, the Ministry of External Affairs sent the request. The Prosecution did not mention this fact to the court.
Counsel for the accused also argued that the question of life and liberty is also at stake. The accused has been in custody for an extended period without trial and has not been charged.
On the other hand, the SPP DP Singh and Manu Mishra contended that all the submissions raised by the counsel for the accused were answered upto the Supreme Court. The offence under Section 467 of the IPC may be dealt with at the stage of framing of charges.
The CBI also submitted that the accused is in custody of his own will as he has not furnished a bail bond despite the grant of bail.
The court also asked the investigation officer to file on record the communication made to the FRRO. The counsel for the accused raised a submission that, if the Accused is released from custody, he may be arrested again, as he has no valid visa or other documents.
AgustaWestland Case Background
It is a case linked to the Rs 3600-crore VVIP helicopter deal. It is alleged that, to enable the supplier to obtain the bid, the flying-height condition was relaxed.
It is alleged that a kickback of Rs. 200 crore was paid.
The CBI registered an FIR in 2013. (ANI)
(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)