The Supreme Court on Tuesday rejected the bail pleas of Christian Michel James, an alleged middleman in the AgustaWestland chopper scam in which the CBI and the ED have lodged two separate cases.
The Rs 3,600-crore alleged scam relates to the purchase of 12 VVIP helicopters from AgustaWestland.
A bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala said James’ argument that he be released on bail on grounds that he has served half of the maximum sentence in the cases cannot be accepted.
The top court bench however said James may pursue his remedy of regular bail before the trial court in the cases.
James had sought bail under section 436A of CrPC which says that a person can be released on bail if he has completed half of the maximum sentence prescribed for the offence.
The accused has been in custody since he was extradited from Dubai in December 2018, according to his counsel, adding that the trial against him is still pending.
The lawyer had said the petitioner’s case is that under sections 8 and 9 of the Prevention of Corruption Act, the maximum sentence is five years in jail and he has spent nearly four years in prison.
In March 2022, James had challenged the order of the Delhi High Court that dismissed his bail plea.
Seeking his release in both the CBI and ED cases, the accused had said he was not required for the purpose of investigation and expressed his willingness to cooperate with the probe.
Dismissing the bail pleas in both the cases last year, a trial court had said considering the overall facts and circumstances, the serious nature of accusations, the gravity of the offence and the conduct of the accused, it did not consider it to be a fit case for the grant of bail.
The CBI, in its chargesheet, has alleged an estimated loss of 398.21 million euros (about Rs 2,666 crore) to the exchequer due to the deal that was signed on February 8, 2010 for the supply of VVIP choppers worth 556.262 million euros to the Indian government.
The ED, in its chargesheet filed against James in June 2016, has alleged that James had received 30 million euros (about Rs 225 crore) from AgustaWestland.
He is among the three alleged middlemen being probed in the case. The other two are Guido Haschke and Carlo Gerosa.
(With PTI Inputs)
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