New Delhi: A Delhi court on Saturday dismissed the bail plea of Christian Michel, arrested in connection with an alleged scam in the Rs 3,600-crore AgustaWestland VVIP chopper deal, Bar and Branch reported.
Special Judge Arvind Kumar rejected Michel’s plea in the cases filed by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) saying, “Both applications are dismissed. Section 167(2) of CrPc does not apply. Chargesheet has already been filed.”
Advocates Sriram Parakkat, Aljo K. Joseph and Vishnu Shankar who are appearing for Michel had argued that there was ‘no basis’ to keep him in judicial custody any longer.
Relying on Section 167(2) of Code of Criminal Procedure (CrPC), it was further argued that ‘an indefeasible right’ to be released on bail had accrued in favour of Michel, as neither the CBI nor the ED has filed a chargesheet within the stipulated 60-day period.
Further, it was submitted that the 60 days deadline had expired on February 3 as Michel had been in custody from December 4, 2018 in the case registered by CBI and from December 22, 2018 in the case by ED.
Though Special Public Prosecutor DP Singh had argued that Sec 167(2) does not apply in the case, as the chargesheet had already been filed and the processes were issued by the court against the accused persons, including Michel.
Further investigation under Section 173(8) of the CrPC was underway to ascertain the involvement of other accused public servants of different departments and private persons who might be involved in the case, the court was informed.
The ED had also informed the court that it is in the process of filing a comprehensive prosecution complaint.
Christian Michel is accused of entering into some 12 contracts with AgustaWestland to legitimize the illicit commission/kickbacks amounting to Euro 42.27 million, received on the procurement of VVIP helicopters by the government of India. Consequently, the ED also initiated proceedings in terms of the Prevention of Money Laundering Act, 2002 against Michel.
Michel, extradited from Dubai, was arrested by the ED on December 22 last year.
On January 5, he was sent to judicial custody in the ED case. He is also lodged in judicial custody in the CBI case related to the scam.
Michel is among the three alleged middlemen being probed in the AgustaWestland case by the ED and the CBI. The others are Guido Haschke and Carlo Gerosa.