AgustaWestland: Delhi HC dismisses Christian Michel's plea for interim bail to avoid COVID-19 infection in Tihar

The Delhi High Court yesterday dismissed AgustaWestland accused, British businessman, Christian Michel's interim bail. (Christian Michel vs CBI).Michel had sought interimbail in view of the COVID-19 pandemic. .The order was passed by a Single Judge Bench of Justice Mukta Gupta after the hearing was conducted through video conferencing. .Michel had sought interim bail on the ground that his health condition was very critical and incompatible with the current prison conditions under the Covid-19 pandemic..It was asserted that Michel needed to live in an environment where the risk of contagion was lesser and social distancing could be effectively practiced..The Central Bureau of Investigation contended that Michel's regular bail applications were pending and in the garb of interim bail applications, he could not be permitted to re-argue the bail applications on merits..AgustaWestland: Delhi HC seeks CBI, ED response in bail plea by Christian Michel.As far as the release of Michel due to COVID-19 pandemic was concerned, CBI stated that in terms of the criteria for interim bail laid down by the High Powered Committee, cases of foreign national, prisoners involved in more than one case and cases under money laundering laws were excluded. .Coronavirus: Criteria for release of undertrial prisoners on interim bail relaxed to decongest Delhi Jails.The Enforcement Directorate added that Michel was lodged at the safest place in the country i.e the Tihar Jail and there was no threat of him coming in contact with any Covid-19 patient..The Investigating Agencies also stated that the investigation in the AgustaWestland case was ongoing. .After conidering the submissions made by the parties, the Court opined that Michel was a flight risk and he had no roots in the society..It was added that since he fit in the three criterias laid down by the High Power Committee, i.e. being a foreign national, involved in more than one case not being on bail in others and the cases being under Prevention of Corruption Act and Prevention of Money Laundering Act, he was not released on bail in spite of the efforts to decogest the jails..With respect to the apprehension that Michel could get infected by Covid-19, the Court noted that he was lodged in separate cell with only two other prisoners and was not in a Barrack or dormitory where there were a number of prisons.It said,.It is not the case of the petitioner that any of the two inmates residing with him are suffering from Covid-19 pandemic. Hence, the apprehension of the petitioner also because of the vulnerable age and overcrowding in jail that he is likely to contact Covid-19 which may be detrimental to his health, is unfounded.Delhi High Court.Thus, concluding that it was not inclined to grant interim bail to Michel, the Court stated, ".. the charge sheet has been filed by CBI and complaint by the Enforcement Directorate, however, and further investigations after the filing of the charge sheet and the complaint case respectively are pending in both the cases. Hence, at this stage, release of the petitioner even on interim bail is not warranted. Further this would be ground to be considered during the hearing in regular bails.".Plea for interim bail was accordingly dismissed..Michel was represented by Advocates Sriram Prakkat, Vishnu Shankar and Aljo Joseph..ED was represented by Advocate Amit Mahajan..CBI was reprented by Advocate DP Singh..Read the Order: