'Flight Risk': ED Opposes Christian Michel's Bail In AgustaWestland Case; Delhi High Court Reserves Judgment

The Delhi High Court on Friday reserved judgment in the bail plea moved by British Arms Counsultant Christian James Michel in the money laundering case registered by Enforcement Directorate (ED) in connection with the Agusta Westland chopper scam case. 

“Reserved,” Justice Swarana Kanta Sharma said after hearing the counsels appearing for Michel as well as the central probe agency.

The counsel appearing for Michel had submitted that the passport of Michel had already expired and that he has already spent more than six years in jail, emphasizing that PMLA has a maximum punishment of seven years.

However, ED's counsel contended that the time spent by Michel in Dubai cannot be treated as part of the period spent by him in actual custody undergone under PMLA. Furthermore, it was submitted that the twin conditions for bail under Section 45 of PMLA were not met in the case. “The Supreme Court has held that he is a flight risk,” the Counsel added.

Earlier, ED had contended that although the Apex Court recently granted bail to Michel in the predicate offence being investigated by the CBI, the money laundering case under PMLA demanded satisfaction of the twin test which was not satisfied by him.

Michel was earlier denied bail in the CBI and ED cases in relation to the alleged scam by a coordinate bench in 2022. He was arrested in December 2018 after being extradited from Dubai. He is termed as a 'Middleman' for the alleged illegal transactions that took place in the VVIP chopper scam.

The CBI had alleged that there was an estimated loss of Euro 398.21 million (about 2666 Crore) to the exchequer in the deal that was signed on February 8, 2010 for the supply of VVIP choppers worth Euro 556.262 million.

ED had then filed a chargesheet against Michel in June, 2016, alleging that he had received EUR 30 million (about Rs 225 crore) from AgustaWestland.

Case Title: Christian Michel James v. ED