A Special CBI Court today rejected the bail application moved by British businessman Christian Michel, who is an alleged middleman in the AgustaWestland case..Dismissing the bail applications filed by Michel in the case registered by the Central Bureau of Investigation (CBI) as well as the Enforcement Directorate (ED), Judge Arvind Kumar said,.“Both applications are dismissed. Section 167(2) of CrPc does not apply. Chargesheet has already been filed.”.Appearing for Michel, Advocates Sriram Parakkat, Aljo K Joseph, and Vishnu Shankar had argued that there was “no basis” to keep Michel in judicial custody anymore..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..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..The investigating agencies, on the other hand, strongly opposed the plea..Special Public Prosecutor DP Singh had argued that Sec 167(2) would not be applicable in the present case, as the charge sheet has already been filed and the processes have been issued by the Court against the accused persons, including Michel..Currently, 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 are suspected to 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..Arguing in favour of rejection of the bail plea, Singh had submitted that there was likelihood that Michel might abscond from India and evade the process of law..Christian Michel is accused of having entered into as many as 12 contracts with AgustaWestland to legitimize the illicit commission/kickbacks amounting to Euro 42.27 million received on the procurement of VVIP helicopters by Government of India. Consequently, the ED also initiated proceedings in terms of the Prevention of Money Laundering Act, 2002 against Michel..After being extradited to India from Dubai, Michel was produced before the CBI Court on December 5, and sent to CBI custody for five days. On subsequent hearings, the custody was extended for another five days, and then for four more days. On December 22, he was sent to seven days’ ED custody by the CBI Court..The CBI Court on January 5, had sent Michel to judicial custody till February 26..Michel’s earlier bail application in the CBI case was rejected by the CBI Court on December 22, after it observed that investigation was at a “crucial stage” which did not make it a fit case for bail.
A Special CBI Court today rejected the bail application moved by British businessman Christian Michel, who is an alleged middleman in the AgustaWestland case..Dismissing the bail applications filed by Michel in the case registered by the Central Bureau of Investigation (CBI) as well as the Enforcement Directorate (ED), Judge Arvind Kumar said,.“Both applications are dismissed. Section 167(2) of CrPc does not apply. Chargesheet has already been filed.”.Appearing for Michel, Advocates Sriram Parakkat, Aljo K Joseph, and Vishnu Shankar had argued that there was “no basis” to keep Michel in judicial custody anymore..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..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..The investigating agencies, on the other hand, strongly opposed the plea..Special Public Prosecutor DP Singh had argued that Sec 167(2) would not be applicable in the present case, as the charge sheet has already been filed and the processes have been issued by the Court against the accused persons, including Michel..Currently, 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 are suspected to 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..Arguing in favour of rejection of the bail plea, Singh had submitted that there was likelihood that Michel might abscond from India and evade the process of law..Christian Michel is accused of having entered into as many as 12 contracts with AgustaWestland to legitimize the illicit commission/kickbacks amounting to Euro 42.27 million received on the procurement of VVIP helicopters by Government of India. Consequently, the ED also initiated proceedings in terms of the Prevention of Money Laundering Act, 2002 against Michel..After being extradited to India from Dubai, Michel was produced before the CBI Court on December 5, and sent to CBI custody for five days. On subsequent hearings, the custody was extended for another five days, and then for four more days. On December 22, he was sent to seven days’ ED custody by the CBI Court..The CBI Court on January 5, had sent Michel to judicial custody till February 26..Michel’s earlier bail application in the CBI case was rejected by the CBI Court on December 22, after it observed that investigation was at a “crucial stage” which did not make it a fit case for bail.
