VVIP chopper scam: Spl court tweaks bail conditions for Michel
NEW DELHI, Dec. 24 -- A Delhi court on Tuesday dismissed a plea moved by the alleged middleman in the AgustaWestland deal, Christian Michel James, that sought his release from the CBI case in the matter on the grounds that the maximum sentence duration in custody had been completed.
The order was passed by Special Judge Sanjay Jindal of Rouse Avenue Court, three days after the same court, allowed Michel's release from judicial custody in the case lodged by Enforcement Directorate in the chopper deal, in accordance with Section 436A of Cr.P.C, which states that an undertrial shall not be detained in custody beyond the maximum prison sentence for the offence.
The court had released Michel after noting that the money laundering offence under which he is being prosecuted, entails a maximum punishment of seven years, which he has already served in jail, even as the case itself has not proceeded to the framing of charges stage.
Michel, had moved a similar plea in the CBI's case, through Advocate Aljo Joseph, in which he contended that the applicant had already completed the maximum period of imprisonment in the case on December 4, 2025, in accordance with the Indian Extradition Act, 1962, and or his bail conditions be modified.
He further contended that the CBI had invoked additional provisions, including section 467 IPC (forgery of valuable, security, will, etc.), which are not a part of the Extradition Decree and therefore the applicant cannot be tried for such offences.
The CBI, through Special Public Prosecutor DP Singh, contended that the application was an attempt to misuse the intricacies of law and sought adjudication of issues which have already been dealt with and decided by different courts. The court said, "It shows that not only the issue has been raised again and again by the applicant before the courts at different levels, the issue is still pending consideration before the Hon'ble High Court.when the Hon'ble High Court is already seized of the matter, the issue cannot be agitated again before this court". The court was referring to observations made on the grounds in Michel's plea, by the trial court and both the Supreme Court and Delhi High Court. The court said that the Supreme Court has already held that Michel's plea for release cannot be accepted as besides the provision of IPC section 415 and 420 read with section 120-B and section 8 of the Prevention of Corruption Act, the accused is alleged to have committed offences under section 467 IPC, which is punishable upto life imprisonment....
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