'In Custody For Over 6 Years' : Supreme Court Grants Bail To Christian Michel In CBI Case Related To AgustaWestland Chopper Scam

The Supreme Court today(February 18) granted bail to British Arms Consultant Christian James Michel in the case registered by the Central Bureau of Investigation (CBI) in connection with the AgustaWestland chopper scam case.

A Special Leave Petition was filed by Michel against the September 25, 2024 order of the Delhi High Court denying him bail.

A bench of Justices Vikram Nath and Sandeep Mehta granted bail with a condition that he should renew his passport and subsequently surrender it. 

The matter was initially taken up in the morning. However, the CBI's Counsel sought some time. When the Court expressed its inclination to grant bail, the Counsel said that the plea was filed only in terms of seeking bail on medical grounds.

The Court kept the matter to be heard after lunch. When the matter was taken, the Court questioned the delay in trial. 

Justice Nath asked the Respondent's counsel: "Why do you want him in custody, after 6 years, you have filed chargesheet and investigation is complete?"

CBI's counsel, Senior Advocate Nachiketa Joshi, responded: "This person was extradited and therefore brought to India."

To this, Justice Nath responded: "What about the trial? You don't even start the trial."

Justice Mehta added: "It is your duty as prosecutor. Who stopped you for all these six years?"

Advocate Aljo K Joseph, representing Michel, submitted that the investigation is not complete yet. He said: "For further investigation, they sought the time. They are still relying on the documents which have to come from different countries and they are putting the onus on me, that is, it is because of me that the trial is not complete."

CBI's counsel prayed that the matter be kept on Friday and he will seek instructions on the further investigation and whether CBI wants to continue it. However, Court clarified that its releasing Michel on bail and CBI can continue his further investigation.

Justice Mehta added: [The way you are going on right now], you will not be able to conclude trial in another 25 years going by what your conduct has been."

The Court ordered:

"Considering facts and circumstances of the case and in particular, that petitioner who was extradited in 2018 and has been in custody for more than 6 years now, and according to the Respondent CBI despite filing 3 chargesheets and 2 supplementary chargesheet, the investigation is still ongoing as stated in the counteraffidavit. We are inclined to grant bail on conditions as may be determined by the trial Court. The CBI may appropriately request the trial Court for imposing conditions before releasing him on bail." 

Michel 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.

Advocates Sreeram Parakkat and MS Vishnu Shankar also represented the petitioner.

Case Details: CHRISTIAN JAMES MICHEL Vs CENTRAL BUREAU OF INVESTIGATION|SLP(Crl) No.17016/2024

Appearances: Advocate Aljo K Joseph (for Michel) and Senior Advocate Nachiketa Joshi (for CBI)